| IN THE MATTER OF FR. JOHN W. BRODERICK V HUGH A. GILBERT, IN HIS OFFICIAL CAPACITY AS JUSTICE OF SUPREME COURT, COUNTY |
| Motion No: OP 16-00535 |
| Slip Opinion No: 2016 NY Slip Op 74571(U) |
| Decided on May 23, 2016 |
| 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: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. OP 16-00535
| IN THE MATTER OF FR. JOHN W. BRODERICK, PETITIONER, V HUGH A.
GILBERT, IN HIS OFFICIAL CAPACITY AS JUSTICE OF SUPREME COURT, COUNTY OF ONONDAGA AND JOHN MAZZARELLA, INDIVIDUALLY AND AS FATHER
OF FOUR MINOR CHILDREN OF AGES 5, 7, 9 AND 11, RESPONDENTS. |
Respondents having moved to dismiss this proceeding for mandamus relief pursuant to CPLR 506 (b) (1),
Now, upon reading and filing the affirmation of Frank Brady, Esq., dated April 21, 2016, the affirmation of J. Michael Reck, Esq., dated April 29, 2016, the notice of motion with proof of service thereof, and the affidavit of John W. Broderick sworn to May 3, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the proceeding is dismissed.
Memorandum: Petitioner failed to state a cause of action upon which relief can be granted. Supreme Court's actions were discretionary, as opposed to ministerial (see e.g. New York Civil Liberties Union v State of New York, 4 NY3d 175, 184).
Entered: May 23, 2016
Frances E. Cafarell, Clerk