Matter of Madden v Balter
Motion No: 2019-07866
Slip Opinion No: 2020 NY Slip Op 67217(U)
Decided on June 17, 2020
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

M271347

kbp/

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2019-07866

In the Matter of Edwin Madden, Jr., petitioner,

v Bruce M. Balter, etc., respondent.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, Bruce M. Balter, a Justice of the Supreme Court, Kings County, to consider an addendum to the petitioner's motion pursuant to CPL 440.10, made in a criminal action entitled People v Madden, pending in the Supreme Court, Kings County, under Indictment No. 2879/92, which was determined by decision, order and judgment of this Court dated December 4, 2019. Motion by the petitioner for leave to reargue the proceeding or, in the alternative, for leave to appeal to the Court of Appeals from the decision, order and judgment of this Court.

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

ORDERED that the motion is denied.

MASTRO, J.P., CHAMBERS, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court