140 A.D.3d 1691 31 N.Y.S.3d 915

In the Matter of Don M. Moore, Appellant, v Central New York Volleyball Officials Corporation, Respondent.

[31 NYS3d 915]

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Hugh A. Gilbert, J.), entered July 1, 2014 in a CPLR article 78 proceeding. The judgment granted the motion of respondent to dismiss the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment that granted respondent’s motion to dismiss the petition in this *1692CPLR article 78 proceeding. As Supreme Court determined, petitioner is not a member of respondent and therefore has no right to the relief demanded in the petition (see e.g. N-PCL 603, 605, 613). We note in any event that, as respondent contends, the proceeding was time-barred inasmuch as it was commenced more than four months after the determination at issue was made (see Matter of Wiegand v Crandall, 118 AD3d 1355, 1356 [2014]).

Present — Whalen, P.J., Smith, Lindley, NeMoyer and Scudder, JJ.

Moore v. Central New York Volleyball Officials Corp.
140 A.D.3d 1691 31 N.Y.S.3d 915

Case Details

Name
Moore v. Central New York Volleyball Officials Corp.
Decision Date
Jun 10, 2016
Citations

140 A.D.3d 1691

31 N.Y.S.3d 915

Jurisdiction
New York

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