| Matter of Papke v Pfizenmaier |
| Motion No: 2012-09478 |
| Slip Opinion No: 2013 NY Slip Op 69383(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
M154049
S/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SYLVIA HINDS-RADIX, JJ.
|
2012-09478 In the Matter of Suzanne Papke, et al., petitioners, v Edward Pfizenmaier, 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, of lack of personal jurisdiction.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the proceeding, in effect, based on lack of personal jurisdiction is granted (see CPLR 304, 306-b; 22 NYCRR § 670.18; Walker v Dep't of Taxation & Fin., 300 AD2d 958, 958-959; Matter of Abramov v Board of Assessors, 257 AD2d 958, 959); and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ANGIOLILLO, DICKERSON and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court