| IN THE MATTER OF BETTY O. MUKA V JAMES P. MURPHY, JUSTICE OF SUPREME COURT, RUTH P. MATSON, JAMES A. MEGGESTO |
| Motion No: OP 08-00443 |
| Slip Opinion No: 2008 NYSlipOp 72726(U) |
| Decided on May 15, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 08-00443
| IN THE MATTER OF BETTY O. MUKA, PETITIONER, V JAMES P. MURPHY,
JUSTICE OF SUPREME COURT, RUTH P. MATSON, JAMES A. MEGGESTO, MEGGESTO, CROSSETT & VALERINO, LLP, HEARTH AT GREENPOINT, ADULT
PROTECTION SERVICES, NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, ST.JOSEPH'S HOSPITAL, NEW YORK STATE DEPARTMENT OF MOTOR
VEHICLES, PAUL ROOT, EUGENIA ("JEAN") CURRY, ROBERT ROOD, ROBERT ROOD ASSOCIATES, LPL FINANCIAL CORPORATION AND SYRACUSE
POLICE DEPARTMENT, RESPONDENTS. |
Petitioner having moved for an extension of time to file and serve a brief on her CPLR article 78 proceeding, and for other relief, and respondent St. Joseph's Hospital Health Center (sued as St. Joseph's Hospital) having cross-moved to dismiss the proceeding on the ground, inter alia, that the petition lacks merit,
Now, upon reading and filing the affidavit of Betty O. Muka sworn to April 14, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Paul M. Hanrahan dated April 21, 2008, the notice of cross motion with proof of service thereof, the opposing affirmation of James A. Meggesto dated April 23, 2008, the reply affidavit of Betty O. Muka sworn to May 5, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the cross motion be, and the same hereby is, granted.
Entered: May 15, 2008
JoAnn M. Wahl, Clerk