MATTER OF JUSTICE v. HUDSON


61 A.D.3d 1421 (2009)

877 N.Y.S.2d 716

In the Matter of JOHN D. JUSTICE, Appellant, v. MICHAEL E. HUDSON, Judge of the New York State Court of Claims, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 24, 2009.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to prohibit respondent, a Court of Claims judge, from adjourning his motions and the State of New York's cross motions pending in petitioner's action in the Court of Claims. Supreme Court properly dismissed the petition. "[T]he petition alleges merely an . . . abuse of discretion that does...

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