| IN THE MATTER OF AMY R. GURVEY V ELIZABETH A. GARRY, PRESIDING JUSTICE, NEW YORK STATE SUPREME COURT, APPELLATE |
| Motion No: OP 19-01094 |
| Slip Opinion No: 2019 NY Slip Op 75444(U) |
| Decided on July 17, 2019 |
| 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: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.
OP 19-01094
| IN THE MATTER OF AMY R. GURVEY, PETITIONER, V ELIZABETH A. GARRY,
PRESIDING JUSTICE, NEW YORK STATE SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT, ET AL.,
RESPONDENTS. |
Respondents having moved to dismiss this CPLR article 78 proceeding transferred to this Court by an order of the Appellate Division, Third Department, entered June 6, 2019, on the ground that petitioner cannot establish a clear right to the relief sought,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the proceeding is dismissed on the ground that the petitioner has failed to establish a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]).
Entered: July 17, 2019
Mark W. Bennett
Clerk of the Court