| Matter of Goldstein v New York State Urban Development C |
| Motion No: 2008-07064 |
| Slip Opinion No: 2008 NYSlipOp 84057(U) |
| Decided on September 25, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M76336
E/sl
ROBERT A. LIFSON, J.P.
DAVID S. RITTER
HOWARD MILLER
RUTH C. BALKIN, JJ.
|
2008-07064 In the Matter of Daniel Goldstein, et al., petitioners, v New York State Urban Development Corporation, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the respondent pursuant to CPLR 3211(a)(5) & (7) to dismiss a proceeding pursuant to EDPL 207 on the grounds that the petition is untimely, barred by collateral estoppel, and fails to state a claim, or alternatively, to enlarge the time to answer the petition.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the proceeding is denied without prejudice to raising the issues in the respondent's answer and brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to answer the petition is granted, the respondent's time to answer the petition is enlarged until October 15, 2008, and the answer must be served and filed on or before that date.
LIFSON, J.P., RITTER, MILLER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court