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New York State Office of Victim Services v. Burley

113 A.D.3d 1012, 979 N.Y.2d 547
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 30, 2014
StatusPublished

This text of 113 A.D.3d 1012 (New York State Office of Victim Services v. Burley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Related

Micro-Spy, Inc. v. Small
9 A.D.3d 122 (Appellate Division of the Supreme Court of New York, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
113 A.D.3d 1012, 979 N.Y.2d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-state-office-of-victim-services-v-burley-nyappdiv-2014.