| Matter of Migliaccio v New York State Board of Parole |
| Motion No: 2005-10473 |
| Slip Opinion No: 2006 NYSlipOp 62739(U) |
| Decided on February 6, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35774
A/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-10473 In the Matter of William Migliaccio, petitioner, v New York State Board of Parole, respondent. (Index No. 19743/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Suffolk County, dated October 6, 2005, on the ground that the petitioner failed to timely serve the petition, and cross motion by the petitioner pro se, inter alia, to enlarge the time to serve the petition.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, and it is further,
ORDERED that the petition is deemed served upon the respondent; and it is further,
ORDERED that the respondent's time to serve and file an answer to the petition, or, if it be so advised, to move to dismiss the petition on another ground, is enlarged until March 8, 2006.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court