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MATTER OF TUITT v. MOLEA

2012-10493 DECISION, ORDER & JUDGMENT.

103 A.D.3d 906 (2013)

959 N.Y.S.2d 919

2013 NY Slip Op 1276

In the Matter of BRIAN TUITT, Petitioner, v. RICHARD MOLEA, Respondent.

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

February 27, 2013.

Proceeding pursuant to CPLR article 78, in effect, in the nature of mandamus, inter alia, to compel the respondent, a Justice of the Supreme Court, Westchester County, to vacate an order of the same court entered August 29, 2012, in a criminal action entitled People v Tuitt, commenced in the Supreme Court, Westchester County, under indictment Number 05-0223. Motion by the petitioner to convert a portion of this proceeding into an action for declaratory relief, and...

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