New York State Office of Victim Services v. Burley

Appellate Division of the Supreme Court of New York

New York State Office of Victim Services v. Burley

113 A.D.3d 1012, 979 N.Y.2d 547

Appellate Division of the Supreme Court of the State of New York·Decided January 30, 2014·Published

Opinion

Rose, J.

We affirm. The petition in this special proceeding “complied] with the requirements for a complaint in an action,” and has already been served upon respondent (CPLR 402; see CPLR 304 [a]). Respondent admits that he is actually seeking a complaint in the action for money damages contemplated by the executor of the victim’s estate, which he has no right to demand prior to the commencement of that action (see Micro-Spy, Inc. v Small, 9 AD3d 122, 126 [2004]). Accordingly, the motion to dismiss was properly denied.

Peters, P.J., Lahtinen and Garry, JJ., concur. Ordered that the order is affirmed, without costs.

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Rose, J.

We affirm. The petition in this special proceeding “complied] with the requirements for a complaint in an action,” and has already been served upon respondent (CPLR 402; see CPLR 304 [a]). Respondent admits that he is actually seeking a complaint in the action for money damages contemplated by the executor of the victim’s estate, which he has no right to demand prior to the commencement of that action (see Micro-Spy, Inc. v Small, 9 AD3d 122, 126 [2004]). Accordingly, the motion to dismiss was properly denied.

Peters, P.J., Lahtinen and Garry, JJ., concur. Ordered that the order is affirmed, without costs.

New York State Office of Victim Services v. Burley, 113 A.D.3d 1012, 979 N.Y.2d 547 (N.Y. Ct. App. 2014).

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