| IN THE MATTER OF ELIZABETH RESZKA V COUNCILMAN JOSEPH A. COLLINS |
| Motion No: OP 13-00321 |
| Slip Opinion No: 2013 NY Slip Op 78338(U) |
| Decided on June 20, 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: CENTRA, J.P., FAHEY, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. OP 13-00321
| IN THE MATTER OF ELIZABETH RESZKA, PETITIONER, V
COUNCILMAN JOSEPH A. COLLINS, RESPONDENT. |
Respondent having moved to dismiss this proceeding commenced pursuant to Public Officers Law § 36 and having moved for sanctions on the grounds that petitioner failed to comply with this Court's scheduling order and the Rules of the Appellate Division, Fourth Department (22 NYCRR) 1000.12 (a), and pursuant to CPLR 8303 and the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1,
Now, upon reading and filing the affidavit of Joseph A. Collins, Esq., sworn to May 30, 2013, the notice of motion with proof of service thereof, and the affirmation of Steven M. Cohen, Esq., dated June 13, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 20, 2013
Frances E. Cafarell, Clerk