In re Porter

This motion was brought on by notice of motion in an action entitled “ Winifred B. Porter and Harry 0. Porter, County of Monroe, State of New York, Plaintiffs, vs. The State of New York, Defendant.”, purporting to be pending in Supreme Court in Monroe County. There is no action thus entitled pending in Supreme Court. The State of New York, which is opposing the granting of the relief desired, raises no question concerning this technicality and this court is therefore willing to dispose of the matter on its merits, rather than to dismiss the motion without prejudice to a renewal thereof on…