| Matter of Smith v Condon |
| Motion No: 2015-07813 |
| Slip Opinion No: 2016 NY Slip Op 74960(U) |
| Decided on May 27, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M212069
E/sl
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2015-07813 In the Matter of Matthew R. Smith, petitioner, v William J. Condon, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent William J. Condon, a Justice of the Supreme Court, Suffolk County, to vacate a judgment of conviction of the same court rendered February 8, 2013, in a criminal action entitled People v Smith, under Indictment No. 1341-12. The proceeding was determined by decision, order and judgment of this Court dated October 28, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CHAMBERS, J.P., HALL, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court