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MATTER OF MEROLLA v. GARGUILO

2017-06475.

160 A.D.3d 649 (2018)

74 N.Y.S.3d 95

2018 NY Slip Op 02328

In the Matter of Angelo Todd Merolla, Petitioner, v. Jerry Garguilo, a Justice of the Supreme Court, Suffolk County, et al., Respondents. Michael J. Meyer, Individually and on Behalf of 148 South Emerson Associates, LLC, Intervenor-Respondent.

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

Decided April 4, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the proceeding, it is

Ordered that the branch of the motion by the intervenor-respondent which is to dismiss the proceeding is granted to the extent that so much of the proceeding as relates to the order dated November 16, 2016, is dismissed as untimely (see CPLR 217 [1]), without costs or disbursements...

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