| Matter of Clark v McDonald |
| Motion No: 2015-11378 |
| Slip Opinion No: 2016 NY Slip Op 65251(U) |
| Decided on February 25, 2016 |
| 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
M206992
S/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2015-11378 In the Matter of Gerard Clark, petitioner, v Robert J. McDonald, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Robert J. McDonald, a Justice of the Supreme Court, Queens County, to direct the respondents Zachary W. Carter, Corporation Counsel, incorrectly sued herein as Zarchary W. Carter, Robert L. Martin III, and the City of New York Department of Environmental Protection, Bureau of Water Supply (DEP), to restore water service to the petitioner's home.
ORDERED that on the Court's own motion, the petition is dismissed, without costs or disbursements.
The petitioner failed to serve a named party, the respondent Robert J. McDonald (see CPLR 403[c]).
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court