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MATTER OF SMITH v. SUPREME COURT, KINGS COUNTY

14 A.D.3d 569 (2005)

787 N.Y.S.2d 667

In the Matter of KEVIN SMITH, Petitioner, v. SUPREME COURT, KINGS COUNTY, et al., Respondents.

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

January 18, 2005.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

Under the circumstances of this case, while mandamus to compel may lie, because of the petitioner's unreasonable delay in bringing this proceeding to compel the Supreme Court to issue a determination in accordance with CPL 440.30 (7) on his motion pursuant to CPL 440.10, the proceeding is barred by the doctrine of laches...

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