| Matter of Clark v Rettinger |
| 2013 NY Slip Op 08216 [112 AD3d 471] |
| December 10, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Kevin Clark, Petitioner, v Martin Rettinger et al., Respondents. |
—[*1]
Eric T. Schneiderman, Attorney General, New York (Garrett Coyle of counsel), for
Hon. Martin Rettinger, respondent.
Cyrus R. Vance, Jr., District Attorney, New York (Richard Nahas of counsel), for
Cyrus R. Vance, Jr., respondent.
Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of counsel), for Robert T.
Johnson, respondent.
The above-named petitioner having presented an application to this Court praying for an order pursuant to article 78 of the Civil Practice Law and Rules, and a cross motion having been made on behalf of respondent Hon. Martin Rettinger to dismiss the petition, now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon, it is unanimously ordered that the application be and the same hereby is denied, the cross motion granted and the petition dismissed, without costs or disbursements. Concur—Tom, J.P., Friedman, Acosta, Moskowitz and Gische, JJ.