Matter of Brewster v Laporte, 2021 NY Slip Op 04545 [196 AD3d 691]

July 28, 2021

Appellate Division, Second Department

[*1]

In the Matter of Eric Brewster, Petitioner,

v

Evelyn J. Laporte, a Justice of the Supreme Court, Kings County, Respondent.

Eric Brewster, Ossining, 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, Evelyn J. Laporte, a Justice of the Supreme Court, Kings County, to render a decision on the petitioner’s motion pursuant to CPL 210.45 to dismiss the indictment in an action entitled People v Brewster , commenced in the Supreme Court, Kings County, under indictment No. 5986/14.

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

On August 21, 2020, the respondent rendered a decision on the petitioner’s motion pursuant to CPL 210.45 to dismiss the indictment. Accordingly, this proceeding has been rendered academic. Rivera, J.P., Barros, Brathwaite Nelson and Dowling, JJ., concur..