Matter of Brewster v Laporte

Matter of Brewster v Laporte 2021 NY Slip Op 04545 Decided on July 28, 2021 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 July 28, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING, JJ.
2020-04799

[*1]In the Matter of Eric Brewster, petitioner,

v

Evelyn J. Laporte, etc., respondent.

Eric Brewster, Ossining, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Charles F. Sanders of counsel), for respondent.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Evelyn J. Laporte, a Justice of the Supreme Court, Kings County, to render a decision on the petitioner's motion pursuant to CPL 210.45 to dismiss the indictment in an action entitled People v Brewster , commenced in the Supreme Court, Kings County, under Indictment No. 5986/14.

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

On August 21, 2020, the respondent rendered a decision on the petitioner's motion pursuant to CPL 210.45 to dismiss the indictment. Accordingly, this proceeding has been rendered academic.

RIVERA, J.P., BARROS, BRATHWAITE NELSON and DOWLING, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court