| Matter of David v Partnow |
| Motion No: 2018-09724 |
| Slip Opinion No: 2018 NY Slip Op 85365(U) |
| Decided on October 5, 2018 |
| 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
M256080
E/mm
JOHN M. LEVENTHAL, J.P.
SANDRA L. SGROI
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-09724 In the Matter of Carol David, petitioner, v Mark I. Partnow, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Mark I. Partnow, a Justice of the Supreme Court, Kings County, to grant certain relief. Motion by nonparty Rockaway Acquisitions, LLC, to dismiss the proceeding, inter alia, for failure to serve it as a necessary party.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the proceeding for failure to serve Rockaway Acquisitions as a necessary party 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.
LEVENTHAL, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court