Matter of Best v Schwartz
Motion No: 2016-04024
Slip Opinion No: 2016 NY Slip Op 75906(U)
Decided on June 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M212856

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2016-04024

In the Matter of Hilary Best, petitioner,

v Barry A. Schwartz, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner to waive the motion filing fee in a proceeding pursuant to CPLR article 78 for a writ of prohibition, to stay all proceedings in an action pending in the Supreme Court, Queens County, under Indictment No. 768/14, and to deem service of the petition properly effected.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to waive the motion filing fee and to deem service of the petition properly effected are granted; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court