Opinion
DOCKET NO. OP 14-00452
04-15-2014
IN THE MATTER OF STEVEN CARLISLE, PETITIONER, v. HONORABLE KIM H. MARTUSEWICZ, JEFFERSON COUNTY COURT JUDGE, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss this CPLR article 78 proceeding on the grounds of failure to obtain personal jurisdiction, failure to join a necessary party, failure to state a cause of action, failure to comply with the requirements of CPLR 3014, and mootness,
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated March 25, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks dismissal of the petition for failure to comply with the requirements of CPLR 3014 is granted with leave to replead, and the petition is hereby dismissed without further order unless petitioner files and serves on or before May 5, 2014, an amended petition upon respondent, and any necessary party who may be named in the amended petition, that complies with the requirements of CPLR 3014, and
It is further ORDERED that the remainder of the motion is dismissed with leave to renew after an amended petition, if any, is filed and served.
Frances E. Cafarell, Clerk