—[*1] Rosemary Chinye Okolie Toriola, Corona, N.Y., petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Roberta L. Martin of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent, Charles J. Thomas, a Justice of the Supreme Court, Queens County, to issue an order determining the petitioner's motion, among other things, pursuant to CPLR 4404 (b) to set aside a prior decision of the same court.

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

The underlying motion was determined in an order of the Supreme Court, Queens County, dated November 17, 2009. Accordingly, this proceeding has been rendered academic. Rivera, J.P., Eng, Belen and Austin, JJ., concur.