Matter of Breytman v Lewis

Matter of Breytman v Lewis 2012 NY Slip Op 08518 Decided on December 12, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 12, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
2012-04132 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Alexander Breytman, petitioner,

v

Yvonne Lewis, etc., et al., respondents.




Alexander Breytman, Brooklyn, N.Y., petitioner pro se.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Yvonne Lewis, a Justice of the Supreme Court, Kings County, to determine certain motions pending before her, 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 CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

ADJUDGED that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The petitioner failed to serve a necessary party, the respondent Yvonne Lewis (see CPLR 7804[i]).
SKELOS, J.P., DILLON, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court