Matter of Samuel S. v King
2011 NY Slip Op 07644 [88 AD3d 1005]
October 25, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


In the Matter of Samuel S. et al., Petitioners,
v
Kathy J. King et al., Respondents.

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Simon S., New York, N.Y., for petitioner Samuel S., and petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Monica Connell of counsel), for respondent Kathy J. King.

Anthony J. Lamberti, Brooklyn, N.Y., for respondent Helene S.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Kathy J. King, an Acting Justice of the Supreme Court, Kings County, to issue a written order determining the motion of Helene S. to dismiss a Mental Hygiene Law article 81 proceeding, entitled Matter of S., pending in the Supreme Court, Kings County, under index No. 100128/10.

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

The underlying motion was decided in an order of the Supreme Court, Kings County, dated September 23, 2011. Accordingly, this proceeding has been rendered academic. Dillon, J.P., Balkin, Eng and Cohen, JJ., concur.