Sibley v. Steuben Cnty. Pistol Permit Clerk

Full title: IN THE MATTER OF MONTGOMERY BLAIR SIBLEY, PETITIONER, v. STEUBEN COUNTY…

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

Date published: Sep 17, 2020

2020 N.Y. Slip Op. 72120 (N.Y. App. Div. 2020)

Opinion

OP 20-00776

09-17-2020

IN THE MATTER OF MONTGOMERY BLAIR SIBLEY, PETITIONER, v. STEUBEN COUNTY PISTOL PERMIT CLERK, STEUBEN COUNTY SHERIFF'S OFFICE, LICENSING OFFICER CHAUNCEY JOSEPH WATCHES, AND JOSEPH J. HAURYSKI, CHAIRMAN, STEUBEN COUNTY LEGISLATURE, RESPONDENTS.

CARNI, J.P., TROUTMAN, BANNISTER, AND DEJOSEPH, JJ.

PRESENT:

Respondent Licensing Officer Chauncey Joseph Watches (respondent Watches) having moved to dismiss this proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) for failure to obtain personal jurisdiction or, in the alternative, to extend the time to file and serve an answer and certified transcript of the record, and respondents Steuben County Pistol Permit Clerk, Steuben County Sheriff's Office, and Joseph J. Hauryski (non-judicial respondents) having moved to dismiss the proceeding on, inter alia, the ground of res judicata, and petitioner having cross-moved to convert this proceeding into an appeal regarding the non-judicial respondents and to permit late service of process upon respondent Watches.

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that respondent Watches's motion is granted insofar as it seeks an extension of time to file and serve an answer and certified transcript of the record, and the motion is otherwise denied without prejudice to raising the issue of personal jurisdiction in the answer and brief, and

It is further ORDERED that respondent Watches shall file and serve an answer and certified transcript of the record on or before September 30, 2020, petitioner shall file and serve a brief on or before November 4, 2020, respondent Watches shall file and serve a brief on or before December 9, 2020, and the proceeding is removed from the term of this Court commencing November 30, 2020, and added to the term commencing February 22, 2021, and

It is further ORDERED that the non-judicial respondents' motion to dismiss is granted, and the proceeding is dismissed with respect to them, and petitioner's cross motion is denied.

Entered: September 17, 2020

Mark W. Bennett

Clerk of the Court