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MATTER OF DESMARAT v. DWYER

2013-07010.

110 A.D.3d 995 (2013)

973 N.Y.S.2d 576

2013 NY Slip Op 6863

In the Matter of JEAN MARC DESMARAT, Petitioner, v. MARK DWYER, Respondent.

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

Decided October 23, 2013.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Mark Dwyer, an acting Justice of the Supreme Court, Kings County, to determine the petitioner's motion pursuant to CPLR 5015 to vacate a prior order of the Supreme Court, Kings County, denying his motion pursuant to CPL 440.10, made in a criminal proceeding entitled People v Desmarat, pending in that court under indictment No. 4409/02, and application by the petitioner for poor...

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