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MATTER OF SOTTILE v. HYER

2022-03068.

220 A.D.3d 800 (2023)

196 N.Y.S.3d 804

2023 NY Slip Op 05141

In the Matter of Marianne Sottile, Petitioner, v. James J. Hyer, a Justice of the Supreme Court, Westchester County, Respondent.

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

Decided October 11, 2023.

Attorney(s) appearing for the Case

Marianne Sottile, petitioner pro se.

Letitia James , Attorney General, New York, NY ( James B. Cooney of counsel), for respondent.

Brathwaite Nelson, J.P., Maltese, Ford and Warhit, JJ., concur.

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the respondent, James J. Hyer, a Justice of the Supreme Court, Westchester County, from acting in excess of his authority, from enforcing an order dated March 28, 2022, issued in an action entitled Castle Peak 2012-1 Loan Trust Mtge. Backed Notes, Series 2012-1 v Sottile, pending in the Supreme Court, Orange County, under index No. 9857/10, and from presiding over...

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