Matter of Neathway v FitzGerald

Matter of Neathway v FitzGerald 2013 NY Slip Op 08367 Decided on December 12, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.





Decided on December 12, 2013
Mazzarelli, J.P., Sweeny, DeGrasse, Manzanet-Daniels, Feinman, JJ.



11331 1260/12


[*1]In re Louise Neathway,
[M-5174] Petitioner,

-against-


v

Hon. Daniel FitzGerald, et al.,

Respondents.



Lawrence P. LaBrew, New York, for petitioner.
Eric T. Schneiderman, Attorney General, New York (Anthony J. Tomari of counsel), for state respondents.
Cyrus R. Vance, Jr., District Attorney, New York (Kenn Kern of counsel), for municipal respondent.

The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules,

Now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon,

It is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements.

ENTERED: DECEMBER 12, 2013

CLERK