| Matter of Clark v McDonald |
| Motion No: 2015-11378 |
| Slip Opinion No: 2016 NY Slip Op 74924(U) |
| Decided on May 27, 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
M212074
E/ct
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 |
Motion by the petitioner, in effect, to recall and vacate a decision and order on motion of this Court dated February 25, 2016, which dismissed his proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus, for failure to serve a named party, the respondent Robert J. McDonald, to reinstate the proceeding, and to determine the proceeding on the merits.
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 motion is denied.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court