From Casetext: Smarter Legal Research

Matter of Brown v. Braun

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 663 (N.Y. App. Div. 1997)

Opinion

June 23, 1997


Motion by the respondent to dismiss the proceeding.

Upon the petition and the papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motion, it is

Ordered that the motion is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The failure to name the defendant in the underlying criminal action as a party requires the dismissal of the instant proceeding under the circumstances of this case ( see, CPLR 7802 [c]).

Bracken, J.P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.


Summaries of

Matter of Brown v. Braun

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 663 (N.Y. App. Div. 1997)
Case details for

Matter of Brown v. Braun

Case Details

Full title:In the Matter of RICHARD A. BROWN, Petitioner, v. EVELYN BRAUN, as Justice…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 23, 1997

Citations

240 A.D.2d 663 (N.Y. App. Div. 1997)
659 N.Y.S.2d 301

Citing Cases

In the Matter of Green v. Bellini

By this proceeding, petitioner challenges that action as being without or in excess of respondent's…