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MATTER OF BUSCARELLO v. MORGENSTERN

2023-04964.

219 A.D.3d 1519 (2023)

195 N.Y.S.3d 547

2023 NY Slip Op 04767

In the Matter of Michael Buscarello, Petitioner, v. Esther Mickey Morgenstern, a Justice of the Supreme Court, Kings County, Respondent.

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

Decided September 27, 2023.

Attorney(s) appearing for the Case

Michael Buscarello, Brooklyn, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Miranda R. Onnen of counsel), for respondent.

Connolly, J.P., Maltese, Voutsinas and Wan, JJ., concur.

Proceeding pursuant to CPLR article 78, in effect, inter alia, in the nature of mandamus to compel the respondent, Esther Mickey Morgenstern, a Justice of the Supreme Court, Kings County (IDV Part), to vacate all orders issued in an action entitled Buscarello v Buscarello, pending in that court under index No. 53124/18. Motion by the respondent pursuant to CPLR 3211(a) to dismiss the petition, inter alia, for failure to state a cause of action.

Upon the petition...

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