Matter of Lewis v Schack
Annotate this CaseDecided on August 29, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. DICKERSON, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
2012-07157
[*1]In the Matter of Henry F. Lewis, et al., petitioners,
v
Arthur M. Schack, etc., et al., respondents. Cozen O'Connor, New York, N.Y. (Kenneth Fisher of counsel), for petitioners.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Andrew
H. Meier of counsel), for respondent Arthur M. Schack.
Torgan Cooper & Aaron, P.C. (Pollack Pollack Isaac &
DeCicco, New York, N.Y. [Brian J. Isaac],
of counsel), for respondent Shirly
Miller.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Arthur M. Schack, a Justice of the Supreme Court, Kings County, to take certain action in connection with a motion made in an underlying civil action entitled Miller v Lewis, pending in the Supreme Court, Kings County, under Index No. 11358/09.
ADJUDGED that the petition is denied as academic, and the proceeding is dismissed, without costs or disbursements.
The instant proceeding has been rendered academic in light of the motion schedule fixed in the underlying matter by the respondent Arthur M. Schack.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.