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MATTER OF CAROSELLI v. MARRUS

2013-08091.

111 A.D.3d 624 (2013)

974 N.Y.S.2d 285

2013 NY Slip Op 7171

In the Matter of DINO CAROSELLI, Also Known as WAYNE HORAN, Petitioner, v. ALAN MARRUS, Respondent.

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

Decided November 6, 2013.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Alan Marrus, a Justice of the Supreme Court, Kings County, to vacate an order of the same court dated December 4, 2012, and entered in an underlying criminal action entitled People v Caroselli, commenced in that court under indictment No. 5319/84, denying the petitioner's motion pursuant to CPL article 440 to vacate a judgment of conviction of the same court rendered June 13...

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