Matter of Faraldo v Tomei
2008 NY Slip Op 02587 [49 AD3d 734]
March 18, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of Anne McKenna Faraldo, Petitioner,
v
Albert Tomei, as Justice of the Supreme Court of the State of New York, Respondent.

—[*1] Anne McKenna Faraldo, Huntington Station, N.Y., petitioner pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.

Laura McKenna and Christine M. Kessler, Brooklyn, N.Y., nonparties pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Albert Tomei, a Justice of the Supreme Court, Kings County, to issue an order with respect to the petitioner's motion to dismiss in an underlying guardianship proceeding.

Adjudged that the proceeding is dismissed, without costs or disbursements.

The petitioner failed to join and serve necessary parties to the proceeding including, inter alia, Laura McKenna and Christine M. Kessler (see CPLR 1001, 7804 [i]). Miller, J.P., Covello, Eng and Chambers, JJ., concur.