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A.P. v. Roberts

Supreme Court, Appellate Division, First Department, New York.
May 23, 2019
172 A.D.3d 578 (N.Y. App. Div. 2019)

Opinion

9192 [M–705] OP. 176/19

05-23-2019

In re A.P., Jr., a Minor, by His Mother Felicia Freeman, Petitioner, v. Hon. Gayle P. ROBERTS, etc., et al., Respondents.

Neighborhood Defender Service of Harlem, New York (Elsie Chandler of counsel), for petitioner. Cyrus R. Vance, Jr., District Attorney, New York (Celina Inez Guerra of counsel), for Cyrus R. Vance, Jr., respondent.


Neighborhood Defender Service of Harlem, New York (Elsie Chandler of counsel), for petitioner.

Cyrus R. Vance, Jr., District Attorney, New York (Celina Inez Guerra of counsel), for Cyrus R. Vance, Jr., respondent.

Sweeny, J.P., Gische, Webber, Kahn, Moulton, JJ.

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, 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 and the petition dismissed, without costs or disbursements.

Where a petitioner "can obtain full judicial review of his claim ... on direct appeal from any judgment of conviction against him" an article 78 proceeding does not lie ( Matter of Legal Aid Socy. of Sullivan County v. Scheinman , 53 N.Y.2d 12, 17, 439 N.Y.S.2d 882, 422 N.E.2d 542 [1981] ).

Justice Gayle P. Roberts has elected, pursuant to CPLR 7804(i), not to appear in this proceeding.


Summaries of

A.P. v. Roberts

Supreme Court, Appellate Division, First Department, New York.
May 23, 2019
172 A.D.3d 578 (N.Y. App. Div. 2019)
Case details for

A.P. v. Roberts

Case Details

Full title:In re A.P., Jr., a minor, by his mother Felicia Freeman, Petitioner, v…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: May 23, 2019

Citations

172 A.D.3d 578 (N.Y. App. Div. 2019)
98 N.Y.S.3d 833
2019 N.Y. Slip Op. 4030