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- against - Tadex No. 523928/2019 Judy Rothman Defendant(s) Atthe cequést ofJustice Peter P, Sweeney, and pursuant fo Article 22,of the Judiciary Law, in accordance with the provisions of Part 122’of the Rules of the Chief Administrator ofthe Courts (NYCRR Part 122), the.issues- referred befoware assigtied to a: Xx
JHO serving as an uncompensated volunteerJudicial Hearing Officer, pro bono publico, who waivesany claim ‘to:compensation forsuchservice, pursuantto:-22 NYCRR§ 122.8, or any other provision oflaw, The date willbe fixed by the Clerk of the Part.
Report with recommendationswith respect to the issue(s} of __Proper service ofthe summons & complaint to Judy Rethman Hear‘and Determine purstiaiit to thestipulation ofthe partiés with respect to the issue(s} of ___ __Proper-service ofthe summons & complaint to Judy Rothman (FfParties Fail to So-Stipulate, the Reference Shall Be to Hear and Report) ORDERED,thatifthetrial of theissteoraction hereby referred isnot begun’within 60 days fromthe date of this order,or before such later date as the RefereeorJudicial Hearing Officer mayfix upon good causeshown,this Order shall be canceledandrevoked, and this.matter shall be’ remitted by the Referee or the JudicialHearing Officerback to the assigning Part from whichit wasissued, and the matter shall immediatelybe returned to the Courtfor hearing and/or trial.
penneeeeeexX The following papers were read on this motion: Papers: NYSEFNos: Notice of Motion/Order to Show Cause Affidavits/Affirmations/Exhibits/Memo of Law.........:0.00-+4-11 Answering Affirmations/Affidavits/Exhibits/Memoof Law.......17-21 Reply Affirmations/Affidavits/Exhibits/Memo of Law..............- OEascii ies ceerence sien me Re ceteereneremreerinmneommemnsmsmneneng Uponthe foregoing papers, the motion is decided as follows: Defendant’s motion to dismiss the action on the groundthat she was not properly served with the summons and complaint shall be held in abeyance pending a traverse hearing on the issue of whether the summonsand complaint was properly served on her.