Matter of Rodriguez v Berkowitz, 2022 NY Slip Op 06705 [210 AD3d 990]

November 23, 2022

Appellate Division, Second Department

[*1]

In the Matter of Juan Rodriguez, Petitioner,

v

Meryl Berkowitz, an Acting Justice of the Supreme Court, Nassau County, Respondent.

Juan Rodriguez, Moravia, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Amy Luo of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Meryl Berkowitz, an Acting Justice of the Supreme Court, Nassau County, to determine the petitioner’s motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered November 16, 2016, in an action entitled People v Rodriguez , commenced in that court under indictment No. 1902/15. Motion by the respondent to dismiss the proceeding, inter alia, as academic.

Ordered that the motion to dismiss the proceeding is granted; and it is further, Adjudged that the proceeding is dismissed as academic, without costs or disbursements.

On April 8, 2022, the respondent issued an order determining the petitioner’s motion pursuant to CPL 440.10 to vacate the judgment. Accordingly, this proceeding has been rendered academic. Dillon, J.P., Zayas, Ford and Dowling, JJ., concur..