IN THE MATTER OF BOHDAN S. CHOMYN V M. WILLIAM BOLLER, AN SUPREME COURT JUSTICE IN HIS CAPACITY AS LICENSING OFFICER
Motion No: OP 15-01306
Slip Opinion No: 2015 NY Slip Op 88325(U)
Decided on October 20, 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.


October 20, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. OP 15-01306

IN THE MATTER OF BOHDAN S. CHOMYN, PETITIONER,

V

M. WILLIAM BOLLER, AN SUPREME COURT JUSTICE IN HIS

CAPACITY AS LICENSING OFFICER FOR PISTOL PERMITS IN ERIE

COUNTY, CHRISTOPHER L. JACOBS, AS ERIE COUNTY CLERK, AND

WILLMER FOWLER, JR., IN HIS CAPACITY AS PISTOL PERMIT

SUPERVISOR, ERIE COUNTY CLERK'S OFFICE, RESPONDENTS.


Respondents Christopher Jacobs, as Erie County Clerk and Willmer Fowler, Jr., in his capacity as Pistol Permit Supervisor, Erie County Clerk's Office, having moved to dismiss this proceeding CPLR article 78 proceeding pursuant to CPLR 7904 (f),

Now, upon reading and filing the affirmation of Jeremy C. Toth, Esq., dated September 29, 2015, the notice of motion with proof of service thereof, and the affirmation of James Ostrowski, Esq., dated October 8, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 20, 2015

Frances E. Cafarell, Clerk