| Matter of Allen v Capra |
| Motion No: 2019-10445 |
| Slip Opinion No: 2021 NY Slip Op 60731(U) |
| Decided on January 22, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M275141
MB/
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2019-10445 In the Matter of Bakhosheq Allen, petitioner, v Michael Capra, etc., respondent. (Index No. 239/2019)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Westchester County, dated August 29, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the petitioner pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding for failure to timely perfect and, in effect, to be relieved of the requirement that he file a petitioner's brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to vacate the dismissal of the proceeding is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
CHAMBERS, J.P., HINDS-RADIX, BRATHWAITE NELSON and , JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court