| IN THE MATTER OF HAITHEM HASAN V HON. JOSEPH E. FAHEY, ONONDAGA COUNTY COURT JUDGE, AND ERIC T. SCHNEIDERMAN, ESQ., NEW |
| Motion No: OP 15-00034 |
| Slip Opinion No: 2015 NY Slip Op 70318(U) |
| Decided on April 14, 2015 |
| 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 15-00034
| IN THE MATTER OF HAITHEM HASAN, PETITIONER, V HON. JOSEPH E.
FAHEY, ONONDAGA COUNTY COURT JUDGE, AND ERIC T. SCHNEIDERMAN, ESQ., NEW YORK STATE ATTORNEY GENERAL,
RESPONDENTS. |
Respondents having moved to dismiss this CPLR article 78 proceeding on the grounds of lack of personal jurisdiction over the named respondents and failure to join a necessary party or, in the alternative, to extend the time to file and serve an answer and record of the proceeding,
Now, upon reading and filing the affirmation of Marcus J. Mastacco, Esq., dated March 4, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the proceeding for lack of personal jurisdiction, without prejudice to respondents raising the issue in their answer and brief, and
It is further ORDERED that the Onondaga County District Attorney shall be joined as a party respondent, and
It is further ORDERED that if petitioner does not file and serve on all respondents a notice of amended petition and an amended petition naming the Onondaga County District Attorney as an additional respondent on or before May 15, 2015, the petition shall be dismissed without prejudice pursuant to respondents' current motion, and
It is further ORDERED that respondents' motion insofar as it seeks an extension of time to file and serve an answer, including a record of the proceedings, is granted on the condition that the answer is filed and served on or before June 9, 2015, and
It is further ORDERED that petitioner shall filed and serve his brief on or before July 14, 2015, and
It is further ORDERED that respondents' shall file and serve their briefs on or before August 18, 2015, and
It is further ORDERED that this proceeding is removed from the term of this Court commencing September 8, 2015, and added to the term of this Court commencing October 19, 2015.
Entered: April 14, 2015
Frances E. Cafarell, Clerk