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Matter of Bey v Rodriguez, 2018 NY Slip Op 08761 [167 AD3d 526]

December 20, 2018

Appellate Division, First Department

[*1]

In the Matter of Keith Troxler Bey, Petitioner,

v

Julio Rodriguez, Respondent. Darcel D. Clark, District Attorney, Nonparty Respondent.

Keith T. Bey, petitioner pro se.

Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for Hon. Darcel D. Clark, respondent.

The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules, now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon, it is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements.

Justice Julio Rodriguez and Justice Denis J. Boyle have elected, pursuant to CPLR 7804 (i) not to appear in this proceeding. Concur—Sweeny, J.P., Richter, Tom, Kern, Singh, JJ..