| MATTER OF WENDY S. BALKA V JONATHAN "JACK" GILLMAN, SUPERVISOR, TOWN OF KENDALL |
| Motion No: OP 09-02104 |
| Slip Opinion No: 2009 NY Slip Op 90789(U) |
| Decided on December 8, 2009 |
| 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, CENTRA, AND FAHEY, JJ.
DOCKET NO. OP 09-02104
| MATTER OF WENDY S. BALKA, PETITIONER, V JONATHAN "JACK"
GILLMAN, SUPERVISOR, TOWN OF KENDALL, RESPONDENT. |
Respondent having moved to dismiss the CPLR article 78 proceeding commenced in this Court on October 19, 2009 on the ground that the petition fails to state a cause of action,
Now, upon reading and filing the affirmation of Donald G. Rehkopf, Jr. dated November 16, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: December 8, 2009
Patricia L. Morgan, Clerk