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Moore v. Cent. N.Y. Volleyball Officials Corp.

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 10, 2016
140 A.D.3d 1691 (N.Y. App. Div. 2016)

Opinion

06-10-2016

In the Matter of Don M. MOORE, Petitioner–Appellant, v. The CENTRAL NEW YORK VOLLEYBALL OFFICIALS CORPORATION, Respondent–Respondent.

Don M. Moore, Petitioner–Appellant Pro Se. Costello, Cooney & Fearon, PLLC, Syracuse (Nicole Marlow–Jones of Counsel), for Respondent–Respondent.


Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Hugh A. Gilbert, J.), entered July 1, 2014 in a CPLR article 78 proceeding. The judgment granted the motion of respondent to dismiss the petition.

Don M. Moore, Petitioner–Appellant Pro Se.

Costello, Cooney & Fearon, PLLC, Syracuse (Nicole Marlow–Jones of Counsel), for Respondent–Respondent.

Opinion

MEMORANDUM: Petitioner appeals from a judgment that granted respondent's motion to dismiss the petition in this CPLR article 78 proceeding. As Supreme Court determined, petitioner is not a member of respondent and therefore has no right to the relief demanded in the petition (see e.g. N–PCL 603, 605, 613 ). We note in any event that, as respondent contends, the proceeding was time-barred inasmuch as it was commenced more than four months after the determination at issue was made (see Matter of Wiegand v. Crandall, 118 A.D.3d 1355, 1356, 987 N.Y.S.2d 747 ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

WHALEN, P.J., SMITH, LINDLEY, NEMOYER, and SCUDDER, JJ., concur.


Summaries of

Moore v. Cent. N.Y. Volleyball Officials Corp.

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 10, 2016
140 A.D.3d 1691 (N.Y. App. Div. 2016)
Case details for

Moore v. Cent. N.Y. Volleyball Officials Corp.

Case Details

Full title:In the Matter of Don M. MOORE, Petitioner–Appellant, v. The CENTRAL NEW…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jun 10, 2016

Citations

140 A.D.3d 1691 (N.Y. App. Div. 2016)
31 N.Y.S.3d 915
2016 N.Y. Slip Op. 4596