| IN THE MATTER OF ELLEN M. HALE V GALEN D. KIRKLAND, COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS |
| Motion No: TP 10-00485 |
| Slip Opinion No: 2010 NY Slip Op 73890(U) |
| Decided on June 8, 2010 |
| 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. |
DOCKET NO. TP 10-00485
| IN THE MATTER OF ELLEN M. HALE, PETITIONER, V GALEN D. KIRKLAND,
COMMISSIONER, NEW YORK STATE DIVISION OF HUMAN RIGHTS, RESPONDENT. |
Respondent and County of Onondaga having moved to dismiss the article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 19, 2010, on the ground that petitioner failed to name a necessary party,
Now, upon reading and filing the affirmation of Toni Ann Hollifield, Esq. dated March 29, 2010, the affidavit of Michael J. Gauzza, Esq. sworn to April 1, 2010, and the notices
of motion with proof of service thereof,
It is hereby ORDERED that the motion is dismissed, without prejudice, because there is no proceeding currently pending before this Court.
Entered: June 8, 2010
Patricia L. Morgan, Clerk