IN RE: Hilary BEST (2024)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Hilary BEST, petitioner, v. QUEENS COUNTY CRIMINAL COURT, et al., respondents.

2024–05001

Decided: October 30, 2024

ROBERT J. MILLER, J.P., LINDA CHRISTOPHER, HELEN VOUTSINAS, LOURDES M. VENTURA, JJ.

Hilary Best, Forest Hills, NY, petitioner pro se. Letitia James, Attorney General, New York, NY (Stephanie Costa of counsel), for respondents.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of mandamus to compel the respondents to conduct a hearing pursuant to CPL 180.10 and 180.60, in a criminal proceeding entitled People v. Best, pending in the Criminal Court of the City of New York, Queens County, under Docket No. CR–017519–24QN.

ADJUDGED that the proceeding is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 7804[b]; 506[b]; Matter of Nolan v. Lungen, 61 N.Y.2d 788, 789–790, 473 N.Y.S.2d 388, 461 N.E.2d 874).

MILLER, J.P., CHRISTOPHER, VOUTSINAS and VENTURA, JJ., concur.

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