Matter of Neathway v FitzGerald
2013 NY Slip Op 08367 [112 AD3d 497]
December 12, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


In the Matter of Louise Neathway, Petitioner, v Daniel FitzGerald et al., Respondents.

[*1] Lawrence P. LaBrew, New York, for petitioner.

Eric T. Schneiderman, Attorney General, New York (Anthony J. Tomari of counsel), for state respondents.

Cyrus R. Vance, Jr., District Attorney, New York (Kenn Kern of counsel), for municipal respondent.

The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules, now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon, it is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements. Concur—Mazzarelli, J.P., Sweeny, DeGrasse, Manzanet-Daniels and Feinman, JJ.