Opinion
OP 20-00556
09-17-2020
PRESENT:
Petitioner having moved for an order of default and for summary relief or, in the alternative, for an order directing respondent to file and serve an answer and certified transcript of the record, for an enlargement of the briefing schedule, for consolidation of 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]) with another such proceeding (OP 20-00776), for an order directing the Clerk to accept petitioner's documents filed pursuant to 28 USC § 1746 in lieu of affidavits, and for other relief, and respondent having cross-moved to dismiss the proceeding for failure to obtain personal jurisdiction, or, in the alternative, for an extension of time to file and serve an answer and certified transcript of the record,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that petitioner's motion is granted insofar as it seeks to extend the briefing schedule and require respondent to file and serve an answer and certified transcript of the record, and petitioner's motion is otherwise denied, and
It is further ORDERED that respondent's cross 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 cross motion is otherwise dismissed without prejudice to raising the issue of personal jurisdiction in respondent's answer and brief, and
It is further ORDERED that respondent shall file and serve an answer and certified transcript of the record on before September 30, 2020, respondent shall file and serve a brief on or before December 9, 2020; and the proceeding is removed from the day calendar for October 20, 2020, and added to the term of this Court commencing February 22, 2021.
Entered: September 17, 2020
Mark W. Bennett
Clerk of the Court