| Matter of Allen v DiFiore |
| Motion No: 2012-05468 |
| Slip Opinion No: 2012 NY Slip Op 79829(U) |
| Decided on July 25, 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. |
Appellate Division: Second Judicial Department
M141234
S/ct
THOMAS A. DICKERSON, J.P.
RANDALL T. ENG
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2012-05468 In the Matter of Douglas Allen, petitioner, v Janet Difiore, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the respondent Janet Difiore, District Attorney of Westchester County, to dismiss a proceeding pursuant to CPLR article 78 in the nature of prohibition on the ground, inter alia, that the petition was not properly verified in accordance with CPLR 7804(d).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion the time of the respondent Janet Difiore, District Attorney of Westchester County, to serve and file an answer is enlarged until August 7, 2012, and the answer of the respondent Janet Difiore, District Attorney of Westchester County, shall be served and filed on or before that date.
DICKERSON, J.P., ENG, BELEN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court