Opinion
2012-09478 M154049
04-03-2013
In the Matter of Suzanne Papke, et al., petitioners, v. Edward Pfizenmaier, etc., respondent.
, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss a proceeding pursuant to Public Officers Law § 36 on the ground, inter alia, of lack of personal jurisdiction.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the proceeding, in effect, based on lack of personal jurisdiction is granted (see CPLR 304, 306-b; 22 NYCRR § 670.18; Walker v Dep't of Taxation & Fin., 300 AD2d 958, 958-959; Matter of Abramov v Board of Assessors, 257 AD2d 958, 959); and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ANGIOLILLO, DICKERSON and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court