Opinion
2012-10343 M152788
04-03-2013
In the Matter of David Shaun Neal, petitioner, v. Gary Phelps, 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, in effect, that the petition fails to state a cause of action and to impose sanctions on the petitioner.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion the respondent's time to serve and file an answer is enlarged until April 19, 2013.
DILLON, J.P., ANGIOLILLO, DICKERSON and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court