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MATTER OF HENRY v. FANDRICH

262 OP 17-01798.

159 A.D.3d 1409 (2018)

70 N.Y.S.3d 139

2018 NY Slip Op 01763

In the Matter of CHARLES E. HENRY, JR., Petitioner-Plaintiff, v. MARK H. FANDRICH et al., Respondents-Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 16, 2018.

It is hereby ordered that said petition/complaint is unanimously denied without costs.

Memorandum: Petitioner-plaintiff (petitioner) commenced this original hybrid CPLR article 78 proceeding and declaratory judgment action seeking, inter alia, a declaration that he is eligible for judicial diversion and that respondent-defendant judge (respondent judge) should have referred his case to the Cayuga County Treatment Court Judge for a hearing. Respondent judge found that...

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