| IN THE MATTER OF STEPHEN F. GUTHMANN V ONONDAGA COUNTY SHERIFF, CIVIL DEPARTMENT ONONDAGA COUNTY SHERIFF, PISTOL PERMIT |
| Motion No: OP 25-01335 |
| Slip Opinion No: 2025 NY Slip Op 79674(U) |
| Decided on October 21, 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 25-01335
| IN THE MATTER OF STEPHEN F. GUTHMANN, PETITIONER, V ONONDAGA
COUNTY SHERIFF, CIVIL DEPARTMENT ONONDAGA COUNTY SHERIFF, PISTOL PERMIT UNIT, PISTOL PERMIT LICENSING OFFICER, AND HON. MICHAEL L. DWYER, ACTING
ONONDAGA COUNTY COURT JUDGE, RESPONDENTS. |
Respondent Hon. Michael L. Dwyer, having moved to dismiss this original CPLR article 78 proceeding,
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 on the ground that the proceeding was not timely commenced (see CPLR 217 [1]; 201; McCoy v Feinman, 99 NY2d 295, 301-302 [2002]; Matter of Wiegand v Crandall, 118 AD3d 1355, 1356 [4th Dept 2014]; Matter of Dalton v Drago, 72 AD3d 1243, 1243 [3d Dept 2010]).
Entered: October 21, 2025
Ann Dillon Flynn
Clerk of the Court