| Matter of Pelczar v Kelly |
| Motion No: 2015-02348 |
| Slip Opinion No: 2015 NY Slip Op 76191(U) |
| Decided on June 15, 2015 |
| 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
M193777
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
JOSEPH J. MALTESE, JJ.
|
2015-02348 In the Matter of James Fredric Pelczar, petitioner, v Peter J. Kelly, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner to withdraw a proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Peter J. Kelly to perform certain duties, and for leave to commence a new proceeding.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to withdraw the proceeding is granted and the proceeding is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for leave to commence a new proceeding is denied as unnecessary.
DILLON, J.P., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court