Appellate Division of the Supreme Court of the State of New York April 6, 2010 (Weaver v. Vaughan)

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, a Justice of the Supreme Court, Kings County, to determine the petitioner’s motion in an underlying action entitled Better Homes Depot, Inc. v Whyte, pending in the Supreme Court, Kings County, under index No. 025309/05 to vacate an order staying evictions at certain premises in Brooklyn.