| Matter of Neal v Phelps |
| Motion No: 2012-10343 |
| Slip Opinion No: 2013 NY Slip Op 69379(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. |
Appellate Division: Second Judicial Department
M152788
S/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SYLVIA HINDS-RADIX, JJ.
|
2012-10343 In the Matter of David Shaun Neal, petitioner, v Gary Phelps, 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 and to impose sanctions on the petitioner.
Upon the papers filed in support of the motion and no papers having been 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