Matter of Word v Zambelli
2008 NY Slip Op 05710 [52 AD3d 726]
June 17, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


In the Matter of Diane Word, Petitioner,
v
Barbara G. Zambelli, as Westchester County Court Judge, Respondent.

[*1] Diane Word, Bedford Hills, N.Y., petitioner pro se.

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

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to render a decision on the petitioner's motion for leave to renew her petition in a proceeding entitled Matter of Word v New York State Commn. of Correction, commenced in the Supreme Court, Westchester County, under index No. 07-225. Application by the petitioner for leave to prosecute this proceeding as a poor person.

Ordered that the application is granted to the extent of waiving the filing fee and the application is otherwise denied; and it is further,

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

On March 11, 2008 the respondent rendered a decision on the petitioner's motion for leave to renew. Accordingly, this proceeding has been rendered academic. Skelos, J.P., Ritter, Florio and Dickerson, JJ., concur.