Opinion
Motion No. 2023-04033 M300692
11-15-2024
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Proceeding pursuant to Public Officers Law § 36 to remove the respondent from the public office of Clerk-Treasurer of the Incorporated Village of Manorhaven, which was deemed dismissed for failure to timely perfect (see 22 NYCRR 1250.10[a], 22 NYCRR 1250.13[c]). Motion by the petitioner, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the proceeding and to extend the time to perfect the proceeding.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the dismissal of the proceeding pursuant to 22 NYCRR 1250.10(a) and 22 NYCRR 1250.13(c) is vacated, and on or before December 16, 2024, the petitioner shall serve and file the petitioner's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the petitioner's brief and upload digital copies of the petitioner's brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.