| IN THE MATTER OF SORTIE MARBLE & GRANITE, INC., AND FRANK ADDEO V MARIA L. IMPERIAL, ACTING COMMISSIONER OF DIVISION OF |
| Motion No: TP 22-01769 |
| Slip Opinion No: 2023 NY Slip Op 67115(U) |
| Decided on May 9, 2023 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
TP 22-01769
| IN THE MATTER OF SORTIE MARBLE & GRANITE, INC., AND
FRANK ADDEO, RESPONDENTS, V MARIA L. IMPERIAL, ACTING COMMISSIONER OF DIVISION OF HUMAN RIGHTS,
PETITIONER. |
Maria L. Imperial, Acting Commissioner of Division of Human Rights having moved to vacate the dismissal of the proceeding transferred to this Court by order of the Supreme Court, Erie County, entered August 18, 2022, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the dismissal of the cross petition of Maria L. Imperial is hereby vacated on the condition that Maria L. Imperial files and serves briefs on or before June 9, 2023, and
It is further ORDERED that the caption of the proceeding is hereby amended as follows: In the Matter of Sortie Marble & Granite, Inc., and Frank Addeo, Respondents, v Maria L. Imperial, Acting Commissioner of Division of Human Rights, petitioner, and
It is further ORDERED that the motion is otherwise dismissed as unnecessary.
Entered: May 9, 2023
Ann Dillon Flynn
Clerk of the Court