Matter of Robertson v State of New York

Matter of Robertson v State of New York 2013 NY Slip Op 07439 Decided on November 12, 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 November 12, 2013
Andrias, J.P., Acosta, Saxe, Renwick, Manzanet-Daniels, JJ.
11040 3214/09

[*1]In re Dale Robertson also [M-4035 & known as William Grant, M-4908 Petitioner, The

v

State of New York, et al., Respondents.




Dale Robertson, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York (Michael F.
Albanese of counsel), for the State of New York and Bronx
County Criminal Court, respondents.
Robert T. Johnson, District Attorney, Bronx (Kayonia L.
Whetstone of counsel), for New York City Department of Probation,
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,

And a cross motion having been made on behalf of respondent
to dismiss the petition,

Now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon,

It is unanimously ordered that the application be and the same hereby is denied, the cross motion granted, and the petition dismissed, without costs or disbursements.

ENTERED: NOVEMBER 12, 2013

CLERK