Opinion
Motion No: 2016-01510
06-07-2016
In the Matter of Louis Ivies, also known as Ricardo Jacquet, petitioner, v. Barry Kron, etc., et al., respondents.
M212790
E/ct
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER ON MOTION
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Barry Kron, an Acting Justice of the Supreme Court, Queens County, to grant his motion pursuant to CPL 30.30, and for poor person relief. Motion by the respondent to dismiss the proceeding, inter alia, for failure to serve a necessary party, the District Attorney of Queens County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the petition which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the branch of the petition which is for poor person relief is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the proceeding for failure to serve a necessary party, the District Attorney of Queens County, is granted, and the proceeding is dismissed, without costs or disbursements (see CPLR 403[c[); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court