| Matter of McCormack v Kelly |
| Motion No: 2016-06266 |
| Slip Opinion No: 2016 NY Slip Op 80046(U) |
| Decided on July 19, 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
M215040
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2016-06266 In the Matter of Daniel McCormack, petitioner, v William A. Kelly, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of prohibition to preclude the respondents from proceeding with a trial in an action entitled People v McCormack under Rockland County Indictment No. 458-15.
On the Court's own motion, it is
ORDERED that the proceeding is dismissed, without costs or disbursements, for failure to provide proof of service of the petition.
ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court