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In re Desmarat

Supreme Court of New York, Second Department

October 23, 2013

In the Matter of Jean Marc Desmarat, petitioner,
v.
Mark Dwyer, etc., respondent.

Jean Marc Desmarat, Fallsburg, N.Y., petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Andrew H. Meier of counsel), for respondent.

RANDALL T. ENG, P.J., L. PRISCILLA HALL, SHERI S. ROMAN, SANDRA L. SGROI, JJ.

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Mark Dwyer, an acting Justice of the Supreme Court, Kings County, to determine the petitioner's motion pursuant to CPLR 5015 to vacate a prior order of the Supreme Court, Kings County, denying his motion pursuant to CPL 440.10, made in a criminal proceeding entitled People v Desmarat, pending in that court under Indictment No. 4409/02, and application by the petitioner for poor person relief.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied; and it is further,

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

The instant proceeding has been rendered academic in light of the order of the respondent dated September 17, 2013.

ENG, P.J., HALL, ROMAN and SGROI, JJ., concur.


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