MATTER OF MAXWELL v. SMITH

2014-07761.

127 A.D.3d 1091 (2015)

5 N.Y.S.3d 886

2015 NY Slip Op 03365

In the Matter of DAVID MAXWELL, Petitioner, v. MARY H. SMITH, Respondent.

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

Decided April 22, 2015.


Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent, Mary H. Smith, a Justice of the Supreme Court, Westchester County, to determine the petitioner's motion to renew his prior motions to resettle the transcript of his trial in an underlying criminal action entitled People v Maxwell, commenced in that court under indictment No. 1481/ 00, or to conduct a reconstruction hearing, and application by the petitioner for poor...

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