Matter of Di Lello v Coviello
Motion No: 2019-13343
Slip Opinion No: 2022 NY Slip Op 73584(U)
Decided on October 26, 2022
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M285578

SL/

LINDA CHRISTOPHER, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2019-13343

In the Matter of Dario Di Lello, 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, which was deemed dismissed for failure to timely perfect (see 22 NYCRR 1250.10[a], 22 NYCRR 1250.13[c]). Motion by the petitioner, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding and to extend the time to perfect the proceeding.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

CHRISTOPHER, J.P., GENOVESI, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court