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MATTER OF BAEZ v. BROWN

2011-00378.

98 A.D.3d 609 (2012)

949 N.Y.S.2d 730

2012 NY Slip Op 5963

In the Matter of CANDIDO BAEZ, Appellant, v. RICHARD A. BROWN, Queens County District Attorney, et al., Respondents.

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

Decided August 15, 2012.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof, upon reargument, adhering to the determination in the order dated April 12, 2010, granting the motion of Richard A. Brown, Queens County District Attorney, pursuant to CPLR 3211 (a) (5) and 7804 (f) to dismiss the petition insofar as asserted against him as time-barred, and substituting therefor a provision, upon reargument, vacating...

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