Matter of Horsley v Thompson, Kings County District Attorney
Motion No: 2017-00280
Slip Opinion No: 2017 NY Slip Op 82824(U)
Decided on August 14, 2017
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

M236185

E/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-00280 D

In the Matter of Dwayne Horsley, petitioner,

v Eric Gonzalez, Acting District Attorney of

Kings County, et al., respondents.

ECISION & ORDER ON APPLICATION

Application by Eric Gonzalez, Acting District Attorney of Kings County, to be substituted for the deceased respondent, Kenneth P. Thompson, Kings County District Attorney, in a proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the respondents from proceeding with an underlying criminal prosecution entitled People v Horsley, pending in the Supreme Court, Kings County, under Indictment No. 4219/15.

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

ORDERED that the application is granted, Eric Gonzalez, Acting District Attorney of Kings County, is substituted for the deceased respondent, Kenneth P. Thompson, Kings County District Attorney, and the caption is amended accordingly.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court