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MATTER OF MAXWELL v. ZAMBELLI

2015-07932.

136 A.D.3d 827 (2016)

24 N.Y.S.3d 517

2016 NY Slip Op 00980

In the Matter of DAVID MAXWELL, Petitioner, v. BARBARA G. ZAMBELLI, as an Acting Justice of the Supreme Court, Westchester County, Respondent.

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

Decided February 10, 2016.

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit Barbara G. Zambelli, an Acting Justice of the Supreme Court, Westchester County, from determining the petitioner's motion pursuant to CPL 440.10 to vacate a judgment of conviction in an underlying criminal action entitled People v Maxwell, filed under Westchester County indictment No. 1481/00 and, in effect, in the nature of mandamus to compel...

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