| Matter of Holmes v Westchester County Department of Publi |
| Motion No: 2016-06906 |
| Slip Opinion No: 2016 NY Slip Op 86556(U) |
| Decided on September 23, 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
M217161
S/ct
THOMAS A. DICKERSON, J.P.
L. PRISCILLA HALL
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2016-06906 In the Matter of John B. Holmes, petitioner, v Westchester County Department of Public Safety, et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding purusant to CPLR article 78 to review a determination of the respondent David F. Everett, a Judge of the County Court, Westchester County, dated January 29, 2016, which revoked the petitioner's pistol license. Application by the petitioner to withdraw the proceeding insofar as commenced against the Westchester County Department of Public Safety.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the proceeding insofar as commenced against the Westchester County Department of Public Safety is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that on the Court's own motion, the petition is otherwise dismissed, without costs or disbursements, for failure to serve Judge Everett.
DICKERSON, J.P., HALL, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court