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Zugibe v. Russo

Supreme Court of New York, Second Department
Apr 5, 2023
2023 N.Y. Slip Op. 1800 (N.Y. App. Div. 2023)

Opinion

No. 2018-01257

04-05-2023

In the Matter of Thomas P. Zugibe, etc., petitioner, v. Kevin Russo, etc., et al., respondents.

Thomas E. Walsh II, District Attorney, New City, NY (Tina Guccione of counsel), for petitioner. Letitia James, Attorney General, New York, NY (Barbara D. Underwood and James B. Cooney of counsel), for respondent Kevin Russo.


Thomas E. Walsh II, District Attorney, New City, NY (Tina Guccione of counsel), for petitioner.

Letitia James, Attorney General, New York, NY (Barbara D. Underwood and James B. Cooney of counsel), for respondent Kevin Russo.

MARK C. DILLON, J.P. ROBERT J. MILLER PAUL WOOTEN JANICE A. TAYLOR, JJ.

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Kevin Russo, a Judge of the County Court, Rockland County, from permitting the video recording of proceedings in an action entitled People v Donis, commenced in that court under Indictment No. 249/17. Motion by the respondent Kevin Russo to dismiss the proceeding on the ground that it has been rendered academic. By decision and order on motion of this Court dated July 17, 2018, the motion was held in abeyance and referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the proceeding, it is

ORDERED that the motion to dismiss the proceeding is granted; and it is further, ADJUDGED that the proceeding is dismissed as academic, without costs or disbursements.

The instant proceeding has been rendered academic, and this case does not warrant the invocation of the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715). Accordingly, the proceeding must be dismissed.

DILLON, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.


Summaries of

Zugibe v. Russo

Supreme Court of New York, Second Department
Apr 5, 2023
2023 N.Y. Slip Op. 1800 (N.Y. App. Div. 2023)
Case details for

Zugibe v. Russo

Case Details

Full title:In the Matter of Thomas P. Zugibe, etc., petitioner, v. Kevin Russo, etc.…

Court:Supreme Court of New York, Second Department

Date published: Apr 5, 2023

Citations

2023 N.Y. Slip Op. 1800 (N.Y. App. Div. 2023)