Matter of Smith v Condon
Motion No: 2015-07813
Slip Opinion No: 2016 NY Slip Op 89046(U)
Decided on October 20, 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

M220000

E/afa

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2015-07813

In the Matter of Matthew R. Smith, petitioner,

v William J. Condon, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner pursuant to CPLR 5015 to vacate "a prior judgment or order upon which it is based," in a proceeding pursuant to CPLR article 78, which was determined by decision, order and judgment of this Court dated October 28, 2015.

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

ORDERED that the motion is denied.

CHAMBERS, J.P., HALL, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court