Matter of Yonamine v Forman

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Matter of Yonamine v Forman 2013 NY Slip Op 05697 Decided on August 21, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 21, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
2013-05542 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Masao Yonamine, petitioner,

v

Peter M. Forman, etc., respondent. Masao Yonamine, Beacon, N.Y., petitioner pro se.




Eric T. Schneiderman, Attorney General, New York, N.Y. (Andrew
H. Meier of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Peter M. Forman, an acting Justice of the Supreme Court, Dutchess County, to determine a CPLR article 78 proceeding entitled Matter of Yonamine v Evans, commenced in the Supreme Court, Dutchess County, under Index No. 5067/12, 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; and it is further,

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

The instant proceeding has been rendered academic in light of the decision, order and judgment of the respondent Justice Peter M. Forman, dated June 3, 2013.
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court