In the Matter of the Application of Brian O'Byrne

Motion No: M-936

Slip Opinion No: 2020 NYSlipOp 64929(U)

Decided on March 19, 2020

Appellate Division, First 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.

March 19, 2020

In the Matter of the Application of

Brian O'Byrne,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules, v

James O'Neil, as Police

Commissioner of the New York City

Police Department, The New York

City Police Department and the

City of New York,

Respondents.

An Article 78 proceeding to review a determination of respondents having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about November 28, 2017, and said proceeding having subsequently been dismissed pursuant to 22 NYCRR 1250.10(a), And petitioner having moved to vacate the dismissal of the proceeding, and for an extension of time to perfect said proceeding,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: March 19, 2020

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Sallie Manzanet-Daniels Ellen Gesmer Lizbeth GonzÁlez,Justices

M-936

Index No. 154124/17