Matter of Gjelaj v Difiore
Motion No: 2015-08595
Slip Opinion No: 2015 NY Slip Op 92400(U)
Decided on December 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M202439

E/sl

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

BETSY BARROS, JJ.

2015-08595

In the Matter of Ened Gjelaj, petitioner,

v Janet Difiore, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss a proceeding pursuant to CPLR article 78 to compel the respondent to furnish certain records pursuant to Public Officers Law § 84, as set forth in a verified petition dated September 10, 2015, on the ground that this Court lacks subject matter jurisdiction over the proceeding.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the proceeding is transferred to the Supreme Court, Westchester County, and the motion is otherwise denied.

HALL, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court