| Matter of Di Lello v Coviello |
| Motion No: 2019-13343 |
| Slip Opinion No: 2021 NY Slip Op 66031(U) |
| Decided on May 14, 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
M277077
E/sl
SYLVIA O. HINDS-RADIX, J.P.
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2019-13343 In the Matter of Dario Di Lello, etc., petitioner, v Anthony "Tony" Coviello, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to Public Officers Law § 36 to remove the respondent from the elected position of Highway Superintendent of the Town of Beekman, County of Dutchess. Motion by the respondent to dismiss the proceeding on the ground that the petition fails to state a cause of action.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic as the proceeding has been deemed dismissed for failure to timely perfect (see 22 NYCRR 1250.10[a], 22 NYCRR 1250.13[c]).
HINDS-RADIX, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court