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Fontaine v. Flug

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 492 (N.Y. App. Div. 1996)

Opinion

July 15, 1996


Cross motion by the respondent to dismiss the proceeding, inter alia, as academic.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is

Ordered that the motion is denied; and it is further,

Adjudged that the cross motion is granted and the proceeding is dismissed, without costs or disbursements.

This proceeding seeks, inter alia, to disqualify Justice Flug from proceeding with any matters relating to an underlying criminal action entitled People v. Derrick Fontaine, Queens County Indictment No. 2798/95. Since the criminal action which is the subject of this proceeding is no longer before Justice Flug, this proceeding is academic. Bracken, J.P., Santucci, McGinity and Luciano, JJ., concur.


Summaries of

Fontaine v. Flug

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 492 (N.Y. App. Div. 1996)
Case details for

Fontaine v. Flug

Case Details

Full title:In the Matter of DERRICK FONTAINE, Petitioner, v. PHYLLIS O. FLUG, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 15, 1996

Citations

229 A.D.2d 492 (N.Y. App. Div. 1996)
646 N.Y.S.2d 281