| Matter of Dixon v Nicolai |
| Motion No: 2005-09644 |
| Slip Opinion No: 2006 NYSlipOp 73397(U) |
| Decided on August 8, 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
M42984
S/sl
STEPHEN G. CRANE, J.P.
ROBERT A. SPOLZINO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-09644 In the Matter of Stanley Dixon, petitioner, v Francis A. Nicolai, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the District Attorney of Westchester County to dismiss a proceeding pursuant to CPLR article 78 in the nature of prohibition on the ground, inter alia, that the petition fails to name the District Attorney of Westchester County, as a necessary party.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the District Attorney of Westchester County, is joined as a respondent in the above-entitled proceeding (see CPLR 1001[a]); and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that the District Attorney of Westchester County shall serve and file an answer to the petition on or before September 5, 2006.
CRANE, J.P., SPOLZINO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court