Matter of Wilson v Marcus

Matter of Wilson v Marcus 2013 NY Slip Op 01459 Decided on March 7, 2013 Appellate Division, First 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 March 7, 2013
Tom, J.P., Andrias, DeGrasse, Richter, JJ.
8547 2615/08 -4359

[*1]In re Jeffrey Wilson, Petitioner, Hon.

v

Martin Marcus, etc., et al., Respondents.




Jeffrey Wilson, petitioner pro se.
Robert T. Johnson, District Attorney, Bronx (Jason S.
Whitehead
of counsel), for Newton Mendys, respondent.

The above-named petitioner having presented an application
to this Court praying for an order, pursuant to article 78 of the
Civil Practice Law and Rules,

Now, upon reading and filing the papers in said proceeding,
and due deliberation having been had thereon, and finding that the claims raised in the petition are not cognizable in this article 78 proceeding,

It is unanimously ordered that the application be and the
same hereby is denied and the petition dismissed, without costs
or disbursements. The Decision and Order of this Court entered herein on November 13, 2012 is hereby recalled and vacated (see M—5938 decided simultaneously herewith).

ENTERED: MARCH 7, 2013

CLERK