Matter of Amityville Mobile Home Civic Assn. v Pastoressa
Annotate this CaseDecided 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.
2014-01771
[*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 Town of Babylon, et al., commenced in that court under Index No. 9973/12.
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 a judgment dated February 25, 2014.
DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
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