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Drake v. Fahey

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2013
2013 N.Y. Slip Op. 66547 (N.Y. App. Div. 2013)

Opinion

DOCKET NO. OP 12-01200

03-04-2013

IN THE MATTER OF WALLACE DRAKE, PETITIONER, v. HON. JOSEPH E. FAHEY, ONONDAGA COUNTY COURT JUDGE AND KELLY REDMORE, CLERK OF THE ONONDAGA COUNTY COURT, RESPONDENTS.


PRESENT: , P. J., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.

Respondents having moved to dismiss this CPLR article 78 proceeding on the grounds of lack of personal jurisdiction and failure to join a necessary party,

Now, upon reading and filing the affirmation of Allyson B. Levine, Esq., dated January 29, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as untimely, without prejudice to the assertion of the defenses of lack of jurisdiction and failure to join a necessary party in the answer (see CPLR 7804 [f]; and Matter of Beck v Goodday, 24 AD2d 1016), and

It is further ORDERED that respondents' answer and briefs shall be filed and served on or before March 21, 2013, and

It is further ORDERED that petitioner's reply brief in response to the answer and respondents' briefs shall be filed and served on or before April 5, 2013, and

It is further ORDERED that the proceeding is removed from this Court's day calendar for April 3, 2013, and added to the Court's calendar for the term commencing May 13, 2013.

Frances E. Cafarell, Clerk


Summaries of

Drake v. Fahey

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2013
2013 N.Y. Slip Op. 66547 (N.Y. App. Div. 2013)
Case details for

Drake v. Fahey

Case Details

Full title:IN THE MATTER OF WALLACE DRAKE, PETITIONER, v. HON. JOSEPH E. FAHEY…

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

Date published: Mar 4, 2013

Citations

2013 N.Y. Slip Op. 66547 (N.Y. App. Div. 2013)