PRESENT: CENTRA, J.P., PERADOTTO, CARNI, CURRAN, AND WINSLOW, JJ.

DOCKET NO. OP 18-00393

IN THE MATTER OF DAVID M. BLY, PETITIONER, V HON. WILLIAM M. BOLLER, ACTING SUPREME COURT JUSTICE, RESPONDENT.

Respondent having moved, pursuant to CPLR 7804 (f), to dismiss this CPLR article 78 proceeding commenced in this Court for failure to obtain personal jurisdiction, on the ground that petitioner never served respondent or the Attorney General's office with the notice of petition or petition,

Now, upon reading and filing the affirmation of Frank Brady, Esq., dated March 23, 2018, the notice of motion with proof of service thereof, and the affidavit of Jason R. DiPasquale, Esq., sworn to April 20, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the proceeding, and

It is further ORDERED that the notice of petition and petition are hereby deemed to have been timely served (see CPLR 306-b), and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve an answer and record of proceedings, to the extent the answer and record are filed in accordance with the Court's rules on or before May 25, 2018, and

It is further ORDERED that petitioner shall file and serve a brief in accordance with this Court's rules on or before June 25, 2018, and

It is further ORDERED that respondent shall file and serve a brief in accordance with this Court's rules on or before July 25, 2018.

Entered: May 15, 2018

Mark W. Bennett, Clerk