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MATTER OF HERRERA EX REL. BAERGA v. VALLONE

No. 2022-02979

208 A.D.3d 1324 (2022)

174 N.Y.S.3d 614

2022 NY Slip Op 05317

In the Matter of Victor M. Herrera, on Behalf of Justin E. Baerga, Petitioner, v. Peter F. Vallone, Jr., a Justice of the Supreme Court, Queens County, et al., Respondents.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Victor M. Herrera, on behalf of Justin E. Baerga, Jamaica, NY, petitioner pro se.

Letitia James , Attorney General, New York, NY ( Charles F. Sanders of counsel), for respondent Peter F. Vallone, Jr.

Melinda Katz, District Attorney, Kew Gardens, NY (Christopher J. Blira-Koessler of counsel), respondent pro se.

Iannacci, J.P., Rivera, Zayas and Dowling, JJ., concur.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

The petitioner, Victor M. Herrera, does not allege that he is authorized to act on behalf of Justin E. Baerga (see Judiciary Law § 478; Abraham v American Gardens Co...

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