Briggins v. McGuire

OPINION of the court

Richard Lee Price, J.

This is a motion to reargue an earlier motion brought by the present movant, the respondent, to dismiss the petition. By a decision dated May 20, 1982 (114 Misc 2d 697), this court denied that motion and instructed the respondent to answer the petition. Respondent has chosen instead to bring this motion to reargue.

In my decision of May 20, 1982, I declined to grant respondent’s motion to dismiss, in large part because of a decision by the Southern District, Greene v McGuire (517 F Supp 1330), which provided a basis for me to find that the petitioner…