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Rembert v. People

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 26, 2010

IN THE MATTER OF DEREK REMBERT, PETITIONER,
v.
PEOPLE OF STATE OF NEW YORK, ETC., ET AL., RESPONDENTS.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the Supreme Court, Kings County, to dismiss the criminal complaint in a case entitled People v Rembert, under Kings County Docket No. 2007KN002229. Application by the petitioner to prosecute this proceeding as a poor person.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, ANITA R. FLORIO and LEONARD B. AUSTIN, JJ.

DECISION, ORDER & JUDGMENT

ORDERED that the application to prosecute this proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

ADJUDGED that the petition is denied and the proceeding is dismissed as academic, without costs or disbursements.

The criminal complaint in the case entitled People v Rembert, under Kings County Docket No. 2007KN002229, was dismissed on December 8, 2009. Accordingly, this proceeding is academic.

PRUDENTI, P.J., MASTRO, FLORIO and AUSTIN, JJ., concur.

20100126

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