West v. Vita

Appellate Division of the Supreme Court of New York

West v. Vita

305 A.D.2d 421, 758 N.Y.S.2d 533, 2003 N.Y. App. Div. LEXIS 5185

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

DecidedMay 5, 2003

StatusPublished

This text of 305 A.D.2d 421 (West v. Vita) 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

West v. Vita, 305 A.D.2d 421, 758 N.Y.S.2d 533, 2003 N.Y. App. Div. LEXIS 5185 (N.Y. Ct. App. 2003).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Joseph Vita, a Justice of the Justice Court, Village of Port Chester, to hear and determine the petitioner’s motion pursuant to CPL 440.10 to vacate his judgment of conviction.

Motion by the respondent to dismiss the proceeding on the ground that this Court lacks jurisdiction.

Ordered that the motion is granted; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements (see CPLR 506 [b] [1]; 7804 [b]). S. Miller, J.P., Goldstein, Cozier and Mastro, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Joseph Vita, a Justice of the Justice Court, Village of Port Chester, to hear and determine the petitioner’s motion pursuant to CPL 440.10 to vacate his judgment of conviction.

Motion by the respondent to dismiss the proceeding on the ground that this Court lacks jurisdiction.

Ordered that the motion is granted; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements (see CPLR 506 [b] [1]; 7804 [b]). S. Miller, J.P., Goldstein, Cozier and Mastro, JJ., concur.

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Bluebook (online)

305 A.D.2d 421, 758 N.Y.S.2d 533, 2003 N.Y. App. Div. LEXIS 5185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-vita-nyappdiv-2003.