| IN THE MATTER OF ANTHONY NOBLE V HONORABLE MICHAEL L. D'AMICO, ERIE COUNTY COURT JUDGE, AND FRANK J. CLARK, DISTRICT |
| Motion No: OP 08-02100 |
| Slip Opinion No: 2008 NYSlipOp 91615(U) |
| Decided on December 3, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 08-02100
| IN THE MATTER OF ANTHONY NOBLE, PETITIONER, V HONORABLE
MICHAEL L. D'AMICO, ERIE COUNTY COURT JUDGE, AND FRANK J. CLARK, DISTRICT ATTORNEY OF THE COUNTY OF ERIE,
RESPONDENTS. |
Respondent Frank J. Clark, District Attorney of the County of Erie, having moved to dismiss the original CPLR article 78 proceeding commenced in this Court on October 14, 2008 on the ground that prohibition does not lie,
Now, upon reading and filing the affidavit of Susan H. Sadinsky sworn to October 23, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Edward C. Cosgrove sworn to October 31, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the proceeding is dismissed without costs (see Matter of Lipari v Owens, 70 NY2d 731 [1987]; Matter of Patel v Breslin, 45 AD3d 1240 [2007], lv denied 10 NY3d 704 [2008]; Matter of Murray v Hudson, 43 AD3d 936 [2007]; Matter of Cambria v Adams, 161 AD2d 1180 [1990], lv denied 76 NY2d 714 [1990]; see also Matter of Cassandra R. v Flemma, 269 AD2d 862 [2000]), and the stay previously granted by a Justice of this Court is vacated.
Entered: December 3, 2008
JoAnn M. Wahl, Clerk