| IN THE MATTER OF WALLACE DRAKE V HON. JOSEPH E. FAHEY, ONONDAGA COUNTY COURT JUDGE AND KELLY REDMORE, CLERK OF THE |
| Motion No: OP 12-01200 |
| Slip Opinion No: 2013 NY Slip Op 66547(U) |
| Decided on March 4, 2013 |
| 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., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.
DOCKET NO. OP 12-01200
| IN THE MATTER OF WALLACE DRAKE, PETITIONER, V
HON. JOSEPH E. FAHEY, ONONDAGA COUNTY COURT JUDGE AND KELLY REDMORE, CLERK OF THE ONONDAGA COUNTY COURT,
RESPONDENTS. |
Respondents having moved to dismiss this CPLR article 78 proceeding on the grounds of lack of personal jurisdiction and failure to join a necessary party,
Now, upon reading and filing the affirmation of Allyson B. Levine, Esq., dated January 29, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely, without prejudice to the assertion of the defenses of lack of jurisdiction and failure to join a necessary party in the answer (see CPLR 7804 [f]; and Matter of Beck v Goodday, 24 AD2d 1016), and
It is further ORDERED that respondents' answer and briefs shall be filed and served on or before March 21, 2013, and
It is further ORDERED that petitioner's reply brief in response to the answer and respondents' briefs shall be filed and served on or before April 5, 2013, and
It is further ORDERED that the proceeding is removed from this Court's day calendar for April 3, 2013, and added to the Court's calendar for the term commencing May 13, 2013.
Entered: March 4, 2013
Frances E. Cafarell, Clerk