Simon v. Usher
Annotate this CaseThis case arose when plaintiffs commenced a medical malpractice action against defendants. At issue was whether the five-day extension under CPLR 2103(b)(2) applied to the 15-day time period prescribed by CPLR 511(b) to move for change of venue when a defendant served its demand for change of venue by mail. The court held that, in this instance, defendants who served their motion papers by mail 20 days after they served their demand to change venue were entitled to a five-day extension of the 15-day period prescribed in CPLR 511(2). Accordingly, the order of the Appellate Division was reversed and the case remitted for further proceedings.
Decided on May 30, 2013
No. 172 In the Matter of the Honorable
[*1]Glen R. George, a Justice of the Middletown Town Court, Delaware County, Petitioner, State Commission on Judicial Conduct, Respondent.
Thomas K. Petro, for petitioner.
Robert H. Tembeckjian, for respondent.
On the Court's own motion, it is determined that Honorable Glen R. George is suspended, with pay, effective immediately, from the office of Justice of the Middletown Town Court, Delaware County, pursuant to NY Constitution, article VI, § 22 and Judiciary Law
§ 44(8). Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided May 30, 2013
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