Matter of Heady v Bettina
Motion No: 2017-10108
Slip Opinion No: 2018 NY Slip Op 64634(U)
Decided on February 20, 2018
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

M246308

E/afa

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2017-10108

In the Matter of Christopher Heady, petitioner,

v Vincent Bettina, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the respondent pursuant to CPLR 3211(a)(7) to dismiss a proceeding pursuant to Public Officers Law § 36 to remove the respondent from the public office of Highway Superintendent of the Town of Wappinger.

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

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

ORDERED that on the Court's own motion, the respondent's time to serve and file an answer is enlarged until March 22, 2018, and the respondent's answer shall be served and filed on or before that date.

MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court