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IN THE MATTER OF WESLEY v. ERLBAUM

10 A.D.3d 727 (2004)

781 N.Y.S.2d 906

In the Matter of MICHAEL DONNEL WESLEY, Petitioner, v. WILLIAM M. ERLBAUM, as Justice of the Supreme Court of the State of New York, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 27, 2004.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent William M. Erlbaum, a Justice of Supreme Court, Queens County, to dismiss a criminal action pending in that court under indictment No. 1395/02, and application by the petitioner for poor person relief.

Motion by the respondent William M. Erlbaum to dismiss the proceeding.

Upon the papers filed in support of the proceeding, application, and motion and the...

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