IN RE: Robert J. Zysk (2011)

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

IN RE: Robert J. Zysk, petitioner, v. Peter H. Mayer, etc., et al., respondents.

2011–07542

Decided: November 01, 2011

PETER B. SKELOS, J.P. CHERYL E. CHAMBERS PLUMMER E. LOTT ROBERT J. MILLER, JJ.

Robert J. Zysk, Patchogue, N.Y., petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent Peter H. Mayer. Jeffrey Levitt, Massapequa, N.Y., for respondent Salvatore Guerrera.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Peter H. Mayer, a Justice of the Supreme Court, Suffolk County, to determine a certain motion made by the petitioner in an underlying civil action entitled Guerrera v. Zysk, pending in that court under Suffolk County Index No. 07–39592.

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 Justice Peter H. Mayer, dated September 1, 2011.

SKELOS, J.P., CHAMBERS, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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