Matter of Brandford v Prus, 2023 NY Slip Op 05129 [220 AD3d 770]

October 11, 2023

Appellate Division, Second Department

[*1]

In the Matter of Sherwin Brandford, Petitioner,

v

Eric I. Prus, a Justice of the Supreme Court, Kings County, Respondent.

Sherwin Brandford, Brooklyn, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Michael A. Berg of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Eric I. Prus, a Justice of the Supreme Court, Kings County, to issue a written order determining the petitioner’s motion to recuse the respondent from presiding over a matrimonial action entitled Brandford v Brandford , pending in that court under index No. 55091/17, by so-ordering the transcript of the proceedings in that action dated March 23, 2023.

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

On July 28, 2023, the respondent so-ordered the transcript of the subject proceedings. Accordingly, this proceeding is academic. Brathwaite Nelson, J.P., Dowling, Warhit and Love, JJ., concur..