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MATTER OF ROWE v. WHELAN

2021-07941.

203 A.D.3d 1049 (2022)

162 N.Y.S.3d 793

2022 NY Slip Op 02003

In the Matter of Roger Rowe, Petitioner, v. Thomas F. Whelan et al., Respondents.

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

Roger Rowe, Amityville, NY, petitioner pro se.

Letitia James , Attorney General, New York, NY ( Shawn Schatzle of counsel), for respondent Thomas F. Whelan.

Hinshaw & Culbertson LLP, New York, NY ( Kyle B. Stefanczyk of counsel), for respondent US Bank National Association.

Dominic Sarna , Mineola, NY, for respondent Joshua Rowe.

Barros, J.P., Rivera, Chambers and Wooten, JJ., concur.

Upon the petition, and the papers filed in support of the motion and the papers filed in opposition thereto, it is

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements; and it is further,

Ordered that the motion is denied as academic in light of the determination of the petition.

The extraordinary remedy of mandamus will lie only to compel the...

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