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MATTER OF ROSS v. SILBER

2022-03151.

210 A.D.3d 1102 (2022)

177 N.Y.S.3d 500

2022 NY Slip Op 06811

In the Matter of Shaun Ross, Petitioner, v. Debra Silber, a Justice of the Supreme Court, Kings County, et al., Respondents.

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Shaun Ross, Brooklyn, NY, petitioner pro se.

Eisenberg & Schnell, LLP, New York, NY ( Herbert Eisenberg of counsel), for respondent Debra Silber.

Letitia James , Attorney General, New York, NY ( William H. Bristow III of counsel), for respondent New York State Office of Temporary and Disability Assistance.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Jane L. Gordon and Janet L. Zaleon of counsel), for respondent New York City Department of Social Services/Human Resources Administration.

Dillon, J.P., Zayas, Ford and Dowling, JJ., concur.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Debra Silber, a Justice of the Supreme Court, Kings County, to comply with CPLR 7803(4), 7804, and 7806, and in the nature of prohibition to prohibit her from acting in excess of her authority, and application by the petitioner to waive the filing fee imposed by CPLR 8022(b). Motion by the respondent New York State Office of Temporary and Disability Assistance, and separate motion by...

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