Opinion
No. 2006-08620.
January 16, 2007.
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent, John C. Bivona, a Justice of the Supreme Court, from proceeding with the trial in an action entitled Minkow v Metelka, pending in the Supreme Court, Suffolk County, under index No. 29250/03.
Nancy Sherman, Lake Success, N. Y., for petitioner.
Andrew M. Cuomo, Attorney-General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.
Schlissel, Ostrow, Karabatos Poepplein, PLLC, Garden City, N.Y. (Michael J. Ostrow of counsel), for nonparty
Before: Goldstein, J.P., Florio, Fisher and Lunn, JJ.
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
By order dated September 6, 2006 the respondent recused himself and returned the matter for reassignment to another justice. Accordingly, the proceeding has been rendered academic.