Johnson v. Velasquez — 150 A.D.3d 1234

Majority

p. 1234

In the Matter of Johnathan Johnson, Petitioner, v Carmen R. Velasquez, Respondent.

[52 NYS3d 909]

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Carmen R. Velasquez, a Justice of the Supreme Court, Queens County, to determine the petitioner’s motion in an action entitled Johnson v R & G Gen. Constr. Co., pending in that court under Index No. 20061/12, 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 as academic; 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 determination of the subject motion in an order of the Supreme Court, Queens County, entered December 29, 2016.

Balkin, J.P., Roman, Hinds-Radix and LaSalle, JJ., concur.