Matter of Dimitri Bediner v Neil Jon Firetog

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Matter of Bediner v Firetog 2006 NY Slip Op 01016 [26 AD3d 328] February 7, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 19, 2006

In the Matter of Dimitri Bediner, Petitioner,
v
Neil Jon Firetog, as Justice of the Supreme Court of the State of New York, Respondent.

—[*1]Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel Danny K. Chun, an acting Justice of the Supreme Court, Kings County, to recall and vacate an order of the Supreme Court, Kings County (Chun, J.), dated October 20, 2005, which vacated an order of the same court (Morrero, J.), dated May 13, 2005.

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

The petitioner failed to join persons who are necessary parties to the proceeding (see CPLR 1001). Crane, J.P., Goldstein, Lifson and Dillon, JJ., concur.

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