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5 A.D.3d 764

Brenner v. Davis

Appellate Division of the Supreme Court of the State of New York · decided 2004-03-29

Decided 2004-03-29

¶1Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent dated July 1, 2003, holding the petitioner in contempt of court.

¶2Motion by the respondent to dismiss the petition on the ground that the notice of petition and petition were improperly served by the petitioner pro se.

¶3Cross motion by the petitioner for an extension of time to properly serve the respondent.

¶4Upon the papers filed in support of the petition, motion, and cross motion, it is,

¶5Ordered that the motion is granted; and it is further,

¶6Ordered that the cross motion is denied; and it is further,

¶7Adjudged that the petition is dismissed, without costs or disbursements (see CPLR 2103 [a]). Smith, J.P., Goldstein, Adams and Townes, JJ., concur.

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