| ROBERT HORVATH V HON. SUSAN EAGAN, AS ERIE COUNTY COURT JUDGE, LETITIA JAMES, AS NEW YORK STATE ATTORNEY GENERAL, JOHN |
| Motion No: OP 19-02281 |
| Slip Opinion No: 2020 NY Slip Op 63329(U) |
| Decided on February 19, 2020 |
| 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.
OP 19-02281
| ROBERT HORVATH, PETITIONER, V HON. SUSAN EAGAN, AS
ERIE COUNTY COURT JUDGE, LETITIA JAMES, AS NEW YORK STATE ATTORNEY GENERAL, JOHN J. FLYNN, AS ERIE COUNTY DISTRICT
ATTORNEY AND HON. EDWARD PACE, AS ORCHARD PARK TOWN COURT JUDGE, RESPONDENTS. |
Respondent John J. Flynn, as Erie County District Attorney, having moved to dismiss this CPLR article 78 proceeding, or, in the alternative for an order deeming the petition to include certain documentary evidence filed with respondent's answer, and for other relief,
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 granted to the extent that the documents submitted with the respondent's District Attorney's answer are accepted for filing, and
It is further ORDERED that the motion to dismiss is denied without prejudice and leave to renew any arguments in support of or in opposition to this aspect of the motion in the parties' briefs and at oral argument, and
It is further ORDERED that the motion is otherwise denied.
Entered: February 19, 2020
Mark W. Bennett
Clerk of the Court