Cizik v. Slobod
Court: Appellate Division of the Supreme Court of the State of New York; June 16, 1997; New York; State Appellate Court
A proceeding was initiated under CPLR article 78 for a mandamus order to compel a determination on the petitioner’s motion for recusal in the case Cizik v Cizik, pending in the Supreme Court, Orange County, Index No. 1826/96. The court reviewed the petition and supporting papers, as well as the opposition papers. The court ruled that the petition is denied as academic because the motion for recusal had already been decided in a prior order issued by the Supreme Court, Orange County, on February 18, 1997. Consequently, the proceeding is dismissed without costs or disbursements. The decision was concurred by Justices Rosenblatt, Sullivan, Altman, and Florio.