Matter of Neal v Loncar
Motion No: 2012-09021
Slip Opinion No: 2013 NY Slip Op 69378(U)
Decided on April 3, 2013
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

M152793

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-09021

In the Matter of David Shaun Neal,

petitioner, v Clifford Loncar, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss a proceeding pursuant to Public Officers Law § 36 on the ground, inter alia, in effect, that the petition fails to state a cause of action.

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 respondent's time to serve and file an answer is enlarged until April 19, 2013.

DILLON, J.P., ANGIOLILLO, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court