In the Matter of the Application of Marcus Rogers

Motion No: M-3215

Slip Opinion No: 2019 NYSlipOp 69377(U)

Decided on May 2, 2019

Appellate Division, First 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.

May 2, 2019

In the Matter of the Application of

Marcus Rogers,

Petitioner,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules

v

Hon. Ralph Fabrizio, Justice; Hon.

Alvin M. Yearwood, Justice; and

Darcel D. Clark, Bronx County District

Attorney,

Respondent.

Petitioner having moved, by Order to Show Cause, for an appellate injunction staying the underlying criminal trial pending hearing and determination of the within Article 78 proceeding, and for other related relief, Now, upon reading and filing the Stipulation of Discontinuance of the parties hereto, dated January 24, 2019, and due deliberation having been had thereon, It is ordered that the aforementioned motion and proceeding are deemed withdrawn in accordance with the aforesaid stipulation. ENTERED: May 2, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-3215

Index No. 155/18