Matter of Johnson v Velasquez, 2023 NY Slip Op 04771 [219 AD3d 1523]

September 27, 2023

Appellate Division, Second Department

[*1]

In the Matter of Jonathan Johnson, Petitioner,

v

Carmen R. Velasquez, a Justice of the Supreme Court, Queens County, Respondent.

Jonathan Johnson, Brocton, NY, petitioner pro se.

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

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Carmen R. Velasquez, a Justice of the Supreme Court, Queens County, to determine a motion in an action entitled Johnson v “R” & “C” Gen. Constr. , pending in that court under index No. 20061/12, and application by the petitioner for poor person relief.

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 petition is denied as academic and the proceeding is dismissed, without costs or disbursements.

On September 21, 2022, the respondent issued an order determining the subject motion. Accordingly, this proceeding is academic. LaSalle, P.J., Barros, Voutsinas and Ventura, JJ., concur..