Ackridge v. Tolbert

Appellate Division of the Supreme Court of New York

Ackridge v. Tolbert

22 A.D.3d 487, 801 N.Y.S.2d 541

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 3, 2005

StatusPublished

This text of 22 A.D.3d 487 (Ackridge v. Tolbert) 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

Ackridge v. Tolbert, 22 A.D.3d 487, 801 N.Y.S.2d 541 (N.Y. Ct. App. 2005).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Bruce Tolbert, a Justice of the Supreme Court, Westchester County, to determine the petitioner’s motion to vacate an order of protection issued in People v Ackridge, in the Supreme Court, Westchester County, under indictment No. 02-6168.

Ordered that the application to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the petition is dismissed, without costs or disbursements.

The petitioner has failed to join persons who are necessary parties to the proceeding (see CPLR 1001). H. Miller, J.P., Cozier, Crane and Rivera, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Bruce Tolbert, a Justice of the Supreme Court, Westchester County, to determine the petitioner’s motion to vacate an order of protection issued in People v Ackridge, in the Supreme Court, Westchester County, under indictment No. 02-6168.

Ordered that the application to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the petition is dismissed, without costs or disbursements.

The petitioner has failed to join persons who are necessary parties to the proceeding (see CPLR 1001). H. Miller, J.P., Cozier, Crane and Rivera, JJ., concur.

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Bluebook (online)

22 A.D.3d 487, 801 N.Y.S.2d 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ackridge-v-tolbert-nyappdiv-2005.