Jefferson v. Affronti

Full title: IN THE MATTER OF CASEY A. JEFFERSON ALSO KNOWN AS CASEY A. RIGGINS…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: May 17, 2017

2017 N.Y. Slip Op. 74201 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. OP 17-00236

05-17-2017

IN THE MATTER OF CASEY A. JEFFERSON ALSO KNOWN AS CASEY A. RIGGINS, PETITIONER, v. HON. FRANCIS A. AFFRONTI, MONROE COUNTY, SUPREME COURT JUSTICE, AND ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondents having moved to dismiss this CPLR article 78 proceeding on the ground that petitioner failed to obtain personal jurisdiction over the respondents, petitioner failed to join the District Attorney as a necessary party, and petitioner failed to state a cause of action or, in the alternative, for an extension of time to file and serve its answer and briefs,

Now, upon reading and filing the affirmation of Frank Brady, Esq., dated April 14, 2017, the affidavit of Justice Francis A. Affronti sworn to April 4, 2017, the affidavit of Eileen Callaghan sworn to March 31, 2017, and 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 to dismiss the proceeding for lack of personal jurisdiction is granted unless petitioner files and serves proof of proper service of the proceeding on or before June 16, 2017, and

It is further ORDERED that the motion to dismiss is otherwise denied without prejudice and leave to renew the arguments made in support of dismissal in the respondents' answer and brief, and

It is further ORDERED that if petitioner files and serves proof of proper service of the proceeding by June 16, 2017, the motion insofar as it seeks an extension of time to file and serve an answer is granted, and the answer shall be filed and served on or before June 30, 2017, and

It is further ORDERED that if petitioner files and serves proof of proper service of the proceeding by June 16, 2017, the motion insofar as it seeks an extension of time to file and serve respondents' brief is granted and respondents' brief shall be filed and served on or before July 31, 2017.

Entered: May 17, 2017

Frances E. Cafarell, Clerk