Matter of Boykin v DeRosa, 2018 NY Slip Op 03975 [162 AD3d 661]
June 6, 2018
Appellate Division, Second Department
[*1]
In the Matter of Connie Boykin, Petitioner,
v
Nicholas DeRosa, a Retired Judge of the County Court, Orange County, et al., Respondents.
Connie Boykin, Newburgh, NY, petitioner pro se.
Barbara D. Underwood, Attorney General, New York, NY (Charles F. Sanders of counsel), for respondent Nicholas De Rosa.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass and Robert H. Middlemiss of counsel), respondent pro se.
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Honorable Nicholas DeRosa, a retired Judge of the County Court, Orange County, to determine the petitioner’s motion pursuant to CPL article 440 to vacate a judgment of conviction of the same court rendered September 25, 2015, in a criminal action entitled People v Boykin , commenced in the same court under indictment No. 14-702, 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.
The instant proceeding has been rendered academic in light of the determination of the subject motion in an order of the County Court, Orange County, dated November 9, 2017. Scheinkman, P.J., Rivera, Miller and LaSalle, JJ., concur..