Matter of Buccieri v County of Westchester
Motion No: 2016-08940
Slip Opinion No: 2017 NY Slip Op 80621(U)
Decided on July 21, 2017
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

M234651

E/afa

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2016-08940

In the Matter of Lori Buccieri, petitioner,

v County of Westchester, et al., respondents.

(Index No. 1694/16)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, entered August 12, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the petitioner's appendix. Application by the respondents to dismiss the proceeding on the ground that the petitioner's appendix is inadequate.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the relief sought.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court