Matter of Amityville Mobile Home Civic Assn. v Pastoressa

Matter of Amityville Mobile Home Civic Assn. v Pastoressa 2014 NY Slip Op 02771 Decided on April 23, 2014 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 April 23, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RUTH C. BALKIN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
2014-01770

[*1]In the Matter of Amityville Mobile Home Civic Association, petitioner,

v

Joseph C. Pastoressa, etc., respondent.




William V. Rapp, Scarborough, N.Y., for petitioner.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Anthony J. Tomari of counsel), for
respondent.


DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Joseph C. Pastoressa, a Justice of the Supreme Court, Suffolk County, to determine a CPLR article 78 proceeding entitled Matter of Amityville Mobile Home Civic Association v Zoning Board of Appeals of Town of Babylon, commenced in that court under Index No. 5343/12.

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 determination by the respondent of the underlying matter in an order and judgment dated February 26, 2014.
DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court