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MATTER OF MARTUCCI v. HYER-SPENCER

2020-06900. Index No. 81015/20.

217 A.D.3d 868 (2023)

192 N.Y.S.3d 148

2023 NY Slip Op 03352

In the Matter of Maria Martucci, Appellant, v. Donna Janele Hyer-Spencer et al., Respondents.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe LLP, New York, NY ( Andrew D. Silverman , Rene Kathawala , and Zachary Hennessee of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and Grace X. Zhou of counsel), for respondent Donna Janele Hyer-Spencer.

Duffy, J.P., Rivera, Genovesi and Taylor, JJ., concur.

In a proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the respondent Donna Janele Hyer-Spencer, a former Support Magistrate of the Family Court, Richmond County, to reschedule a certain hearing in a proceeding entitled Matter of Martucci v Nerone, commenced in that court under docket No. F-0438/15/19I, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Richmond County (Kim Dollard, J.), dated August...

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