MATTER OF TEIXEIRA v. SPOTA

2015-02612

130 A.D.3d 637 (2015)

11 N.Y.S.3d 488

2015 NY Slip Op 05688

In the Matter of DANIEL TEIXEIRA, Petitioner, v. THOMAS J. SPOTA et al., Respondents.

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

Decided July 1, 2015.


Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The petitioner seeks, in effect, to prohibit enforcement of an order dated October 23, 2014. This proceeding was not commenced until March 31, 2015. Accordingly, it must be dismissed as time-barred (see CPLR 217; Matter of Holtzman v Marrus, 74 N.Y.2d 865 [1989]; Matter...

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