Opinion
2005-10866.
February 7, 2006.
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel Danny K. Chun, an acting Justice of the Supreme Court, Kings County, to recall and vacate an order of the Supreme Court, Kings County (Chun, J.), dated October 20, 2005, which vacated an order of the same court (Morrero, J.), dated May 13, 2005.
Howard H. Weiswasser, New York, N.Y., for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Constantine A. Speres of counsel), for respondent.
Before: Crane, J.P., Goldstein, Lifson and Dillon, JJ., concur.
Adjudged that the petition is dismissed, without costs or disbursements.
The petitioner failed to join persons who are necessary parties to the proceeding ( see CPLR 1001).