MATTER OF BAKER v. CHIEF OF THE NEW YORK CITY TRANSIT POLICE DEP'T


232 A.D.2d 632 (1996)

648 N.Y.S.2d 1001

In the Matter of Anthony Baker, Petitioner, v. Chief of the New York City Transit Police Department et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 28, 1996


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Initially, we note that the Supreme Court should have disposed of the petitioner's motion for leave to enter a default judgment and the respondents' cross motion to extend their time to answer before transferring the proceeding to this Court, as the granting of the former and the denial of the latter would have terminated the proceeding (see, CPLR 7804 [g...

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