| FRANK J. MARIANACCI, INC., FRANK J. MARIANACCI AND BRYAN MARIANACCI V ROBERTA REARDON, COMMISSIONER OF LABOR, THE PIKE |
| Motion No: OP 17-00885 |
| Slip Opinion No: 2017 NY Slip Op 77732(U) |
| Decided on June 19, 2017 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 17-00885
| FRANK J. MARIANACCI, INC., FRANK J. MARIANACCI AND BRYAN MARIANACCI,
PETITIONERS-APPELLANTS, V ROBERTA REARDON, COMMISSIONER OF LABOR, THE PIKE COMPANY, INC., THOMAS F. JUDSON, JR., AND RUFUS J.
JUDSON, AS OFFICERS AND SHAREHOLDERS OF THE PIKE COMPANY, INC., RESPONDENTS-RESPONDENTS. |
Respondent Roberta Reardon, Commissioner of Labor, having moved to dismiss the this original CPLR article 78 proceeding commenced in this Court on the ground that the proceeding was not properly served pursuant to CPLR 307 (2),
Now, upon reading and filing the affirmation of Larissa Bates, Esq., received June 5, 2017, the affirmation of Seth Kupferberg, Esq., dated June 2, 2017, the notice of motion with proof of service thereof, the affidavit of Andrew J. Ryan, Esq., sworn to June 8, 2017, and the affidavit of L. Nachelle Brown sworn to June 8, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that the facts as set forth by respondent failed to establish that the proceeding was not properly served pursuant to CPLR 307 (2).
Entered: June 19, 2017
Frances E. Cafarell, Clerk