Matter of Hock v Brennan

Matter of Hock v Brennan 2013 NY Slip Op 04804 Decided on June 26, 2013 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 June 26, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
2013-04387 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Steve Hock, petitioner,

v

Michael Brennan, etc., et al., respondents. Florian Miedel, New York, N.Y., for petitioner.




Eric T. Schneiderman, Attorney General, New York, N.Y.
(Michael J. Siudzinski of counsel), for respondent Michael Brennan.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Dianne
E. Malone, Barbara A. Burke, and
Ann N. Bordley of counsel), for
respondent People of the State of
New York.
Proceeding pursuant to CPLR article 78, in effect, in the
nature of prohibition to prohibit the respondent Michael
Brennan, a Justice of the Supreme Court, Kings County, from
enforcing an order dated April 8, 2013, which vacated an order of the
same court dated May 24, 2011, staying the execution of a
judgment rendered against the petitioner on May 19, 2011, in a
criminal action entitled People v Hock, commenced under Kings
County Criminal Court Docket No. 76512/08. In an order to show
cause dated April 19, 2013, a Justice of this Court (Mastro, J.)
temporarily stayed enforcement of the order dated April 8, 2013,
pending hearing and determination of this proceeding.

ADJUDGED that the petition is denied and the proceeding is dismissed, without prejudice to the petitioner's commencement of a new proceeding, and it is further;

ORDERED that the temporary stay of enforcement the order dated April 8, 2013, as set forth in the order to show cause dated April 19, 2013, is extended for 30 days from service upon the petitioner of a copy of this Court's decision and order only to the extent that the order dated April 8, 2013, directs execution of the sentence of incarceration.

Since the petitioner effected service only upon the Attorney General and did not personally serve the respondent Justice Michael Brennan, personal jurisdiction over Justice Brennan was not obtained, and the proceeding must, therefore, be dismissed (see CPLR 7804[c]; Matter of Thurston v Annetts, 37 AD3d 726, 727; Matter of Conciatori v Office of Secretary of State, 15 AD3d 397, 398; Matter of S & S Grocery of NY Corp. v Novello, 12 AD3d 448, 449; Matter of Lothrop v Edelstein, 112 AD2d 433, 434).
ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur. [*2]

ENTER:

Aprilanne Agostino

Clerk of the Court