Opinion
DOCKET NO. OP 13-01224
09-12-2013
IN THE MATTER OF CHRISTOPHER GILBERT, PETITIONER, v. HONORABLE ROBERT B. WIGGINS, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved for dismissal of this CPLR article 78 proceeding for lack of personal jurisdiction, or, in the alternative, for an extension of time to file and serve an answer and a record of the proceedings,
Now, upon reading and filing the affirmation of Frank K. Walsh, Esq., dated August 7, 2013, the notice of motion with proof of service thereof, and the affidavit of Christopher Gilbert sworn to August 21, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss this proceeding is granted, and the petition is dismissed without further order unless on or before October 7, 2013, petitioner properly serves a notice of petition and petition upon respondent, serves a notice of petition upon the Attorney General by delivering such notice of petition to an Assistant Attorney General at an office of the Attorney General in Monroe County, and files with this Court an affidavit of service upon said individuals, all in accordance with the requirements of the CPLR and this Court's rules (see, e.g., CPLR 306-b; 307 [1], [2]; 403 [c]; 7804 [c]; 22 NYCRR 1000.9 [b] [2]), and
It is further ORDERED that if the petition and notice of petition are properly served and a proper affidavit of service is filed with this Court on or before October 7, 2013, respondent's answer and record of the proceedings under consideration shall be filed and served on or before October 28, 2013, petitioner's brief shall be filed and served on or before November 27, 2013, respondent's brief shall be filed and served on or before January 2, 2014, the Clerk shall accept said documents for filing, and this proceeding shall be removed from the term of this Court commencing January 13, 2014, and added to the term commencing February 24, 2014.
Frances E. Cafarell, Clerk