MATTER OF CANESTRO v. PINEDA-KIRWAN

2015-07711.

132 A.D.3d 863 (2015)

17 N.Y.S.3d 899

2015 NY Slip Op 07654

In the Matter of ANTHONY CANESTRO, Petitioner, v. DICCIA PINEDA-KIRWAN, a Justice of the Supreme Court, Queens County, et al., Respondents.

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

Decided October 21, 2015.


Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Diccia Pineda-Kirwan, a Justice of the Supreme Court, Queens County, to determine a pending motion and cross motion in an underlying action entitled Pietrafesa v Canestro, pending in the Supreme Court, Queens County, under index No. 6281/12.

Adjudged that the petition and proceeding are dismissed insofar as asserted against the respondent Gene Pietrafesa, as executor of...

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