LYNCH v. BETTS


12 Misc.3d 295 (2006)

812 N.Y.S.2d 312

SUSAN L. LYNCH, Plaintiff, v. JULIE D. BETTS, as County Clerk of the County of Yates, et al., Defendants.

Supreme Court, Yates County.

March 17, 2006.


Attorney(s) appearing for the Case

Williamson, Clune & Stevens (John H. Hanrahan of counsel), for plaintiff.

Bernetta A. Bourcy, County Attorney, for defendants.


OPINION OF THE COURT

W. PATRICK FALVEY, J.

Plaintiff seeks an order directing the Yates County Clerk's Office to accept and file, nunc pro tunc, a notice of petition and petition as of November 30, 2005, in her CPLR article 78 proceeding brought against the Town of Milo (Index No. 2005-0449).

The plaintiff herein commenced a regular plenary action against the County, by filing a summons and complaint...

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