Matter of Reilly v Shah
Motion No: 2011-05911
Slip Opinion No: 2012 NY Slip Op 68156(U)
Decided on March 22, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135089

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-05911

In the Matter of David Reilly, petitioner,

v Nirav R. Shah, etc., et al., respondents.

(Index No. 1953/11)

DECISION & ORDER ON MOTION

Motion by the respondent Dutchess County Department of Social Services in a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Dutchess County, dated June 17, 2011, to dismiss the petition insofar as asserted against it for failure to state a cause of action.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the petition insofar as asserted against the respondent Dutchess County Department of Social Services is dismissed, without costs or disbursements.

RIVERA, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court