| Matter of Ivies, also known as Jacquet v Kron |
| Motion No: 2016-01510 |
| Slip Opinion No: 2016 NY Slip Op 75813(U) |
| Decided on June 7, 2016 |
| 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
M212790
E/ct
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-01510 In the Matter of Louis Ivies, also known as Ricardo Jacquet, petitioner, v Barry Kron, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Barry Kron, an Acting Justice of the Supreme Court, Queens County, to grant his motion pursuant to CPL 30.30, and for poor person relief. Motion by the respondent to dismiss the proceeding, inter alia, for failure to serve a necessary party, the District Attorney of Queens County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the petition which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the branch of the petition which is for poor person relief is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the proceeding for failure to serve a necessary party, the District Attorney of Queens County, is granted, and the proceeding is dismissed, without costs or disbursements (see CPLR 403[c[); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court