| IN THE MATTER OF MICHAEL T. WATERHOUSE V HON. MICHAEL L. DOLLINGER |
| Motion No: OP 24-02060 |
| Slip Opinion No: 2025 NY Slip Op 63656(U) |
| Decided on February 24, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
OP 24-02060
| IN THE MATTER OF MICHAEL T. WATERHOUSE, PETITIONER, V HON.
MICHAEL L. DOLLINGER, RESPONDENT. |
Respondent having moved dismiss this original CPLR article 78 proceeding, 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, and the petition is dismissed, and
It is further ORDERED that the motion insofar as it seeks other relief is denied as moot.
Memorandum: The record establishes that petitioner failed to acquire personal jurisdiction over respondent (see CPLR 307 [1], [2]; 403 [c]; 7804 [c]; Matter of Drake v Fahey, 107 AD3d 1634, 1634 [4th Dept 2013]; Matter of Bottom v Murray, 278 AD2d 817, 817 [4th Dept 2000]). Furthermore, the proceeding is time-barred (see CPLR 217 [1];Matter of Wiegand v Crandall, 118 AD3d 1355, 1356 [4th Dept 2014]; Matter of Silvestri v Hubert, 106 AD3d 924, 924-926 [2d Dept 2013]).
Entered: February 24, 2025
Ann Dillon Flynn
Clerk of the Court