In the Matter of the Application of The State of New York v. Jose S.
DECISION The respondent moves pursuant to CPLR §§3211(a)(7), 3211(a)(2), 3211(a)(5), and 409(b), to dismiss the petition. The respondent argues that: 1) the petitioner (the state) has failed to state a cause of action; 2) the proceeding is not ripe thus …