Desmarat v. Dwyer

Appellate Division of the Supreme Court of New York

Desmarat v. Dwyer

110 A.D.3d 995, 973 N.Y.S.2d 576

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

DecidedOctober 23, 2013

StatusPublished

This text of 110 A.D.3d 995 (Desmarat v. Dwyer) 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

Desmarat v. Dwyer, 110 A.D.3d 995, 973 N.Y.S.2d 576 (N.Y. Ct. App. 2013).

Pincite

Opinion

Eroceeding pursuant to CFLR article 78 in the nature of mandamus to compel the respondent, Mark Dwyer, an acting Justice of the Supreme Court, Kings County, to determine the petitioner’s motion pursuant to CFLR 5015 to vacate a prior order of the Supreme Court, Kings County, denying his motion pursuant to CEL 440.10, made in a criminal proceeding entitled People v Desmarat, pending in that court under indictment No. 4409/02, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CFLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied as academic, and the proceeding is dismissed, without costs or disbursements.

[996]*996The instant proceeding has been rendered academic in light of the order of the respondent dated September 17, 2013. Eng, P.J., Hall, Roman and Sgroi, JJ., concur.

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Eroceeding pursuant to CFLR article 78 in the nature of mandamus to compel the respondent, Mark Dwyer, an acting Justice of the Supreme Court, Kings County, to determine the petitioner’s motion pursuant to CFLR 5015 to vacate a prior order of the Supreme Court, Kings County, denying his motion pursuant to CEL 440.10, made in a criminal proceeding entitled People v Desmarat, pending in that court under indictment No. 4409/02, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CFLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied as academic, and the proceeding is dismissed, without costs or disbursements.

[996]*996The instant proceeding has been rendered academic in light of the order of the respondent dated September 17, 2013. Eng, P.J., Hall, Roman and Sgroi, JJ., concur.

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Bluebook (online)

110 A.D.3d 995, 973 N.Y.S.2d 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desmarat-v-dwyer-nyappdiv-2013.