| Matter of Smiley v D'Emic |
| Motion No: 2016-04134 |
| Slip Opinion No: 2016 NY Slip Op 80933(U) |
| Decided on July 28, 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
M215457
E/afa
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JOSEPH J. MALTESE, JJ.
|
2016-04134 In the Matter of Rashon Smiley, petitioner, v Judge D'Emic, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondents to dismiss Kings County Indictment No. 1621/16. Application by the petitioner for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is to waive the filing fee imposed by CPLR 8022(b) is granted; and it is further,
ORDERED that on the Court's own motion, the proceeding is dismissed, without costs or disbursements, for failure to serve a necessary party; and it is further,
ORDERED that the application is otherwise denied as academic.
CHAMBERS, J.P., DICKERSON, HALL and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court