Matter of Peters v Del Giudice
Motion No: 2017-11814
Slip Opinion No: 2017 NY Slip Op 96690(U)
Decided on December 27, 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

M243732

E/afa

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

LINDA CHRISTOPHER, JJ.

2017-11814

In the Matter of Malik Peters, petitioner,

v Vincent Del Giudice, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner to stay the trial in an action entitled People v Peters, pending in the Supreme Court, Kings County, under Indictment No. 8885-15, pending hearing and determination of the above-entitled proceeding pursuant to CPLR article 78.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as academic in light of the determination of the proceeding (see Matter of Peters v Del Giudice, __ AD3d __, [2d Dept, December 27, 2017]).

HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court