Matter of Morse v Bailey-Schiffman
Motion No: 2016-05973
Slip Opinion No: 2016 NY Slip Op 84622(U)
Decided on September 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M217618

S/sl

THOMAS A. DICKERSON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2016-05973

In the Matter of Melody Morse, petitioner,

v Loren Bailey-Schiffman, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondents to take certain actions and in the nature of prohibition to preclude them from taking other actions, inter alia, for a default judgment against the respondent Loren Bailey-Schiffman on the ground that his answer to the petition was untimely filed. Separate motions by the petitioner, inter alia, for default judgments against the respondents David Schmidt, Megan Bronk, and Traub, Lieberman, Straus & Shrewsberry on the ground that the answers of those respondents were untimely filed. Separate motion by the petitioner, inter alia, to compel disclosure pursuant to CPLR 3124.

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

ORDERED that the motions are denied.

DICKERSON, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court