| Matter of Cole v DeRosa |
| Motion No: 2013-09637 |
| Slip Opinion No: 2014 NY Slip Op 77950(U) |
| Decided on July 16, 2014 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M177022
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2013-09637 In the Matter of Antonio Cole, petitioner, v Nicholas DeRosa, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by Antonio Cole for leave to appeal to the Court of Appeals from a decision, order and judgment of this Court, dated January 22, 2014, which determined a proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Nicholas DeRosa, a Judge of the County Court, Orange County, to recuse himself from determining any additional motions pursuant to CPL 440 to vacate a judgment of conviction of the same court rendered February 23, 2001, in a criminal action entitled People v Cole, commenced in that court under Indictment No. 1999/739.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court