| Matter of Schwarz v King |
| Motion No: 2011-00210 |
| Slip Opinion No: 2011 NY Slip Op 65311(U) |
| Decided on February 25, 2011 |
| 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
M116104
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2011-00210 In the Matter of Samuel Schwarz, et al., petitioners, v Kathy J. King, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioners to correct an irregularity in the service of an order to show cause that commenced a proceeding pursuant to CPLR article 78 in the nature of mandamus and prohibition. Separate motion by the petitioners to stay all proceedings in a related matter pending hearing and determination of the proceeding.
Upon the papers filed in support of the motions, and the papers filed in opposition and in relation thereto, it is
ORDERED that the motions are denied as academic as the petition was denied and the proceeding was dismissed on the merits (see Matter of Schwarz v King, ___ AD3d ___ [2d Dept, Feb. 8, 2011]).
DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court