General
In the Matter of Stuart Goltzman, Petitioner, v. Phyllis O. Flug, as Justice of the Supreme Court of the State of New York, et al., Respondents
253 A.D.2d 778678 N.Y.S.2d 901·New York Supreme Court, Appellate Division·1998·NY
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Opinion
(September 16, 1998)
In the Matter of Stuart Goltzman, Petitioner, v Phyllis O. Flug, as Justice of the Supreme Court of the State of New York, et al., Respondents.
[678 NYS2d 901]
[MAJORITY]
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Justice Phyllis O. Plug to grant a jury trial pursuant to Domestic Relations Law § 173 in an underlying matrimonial action entitled Goltzman v Goltzman, pending in the Supreme Court, Queens County.
Adjudged that the proceeding is dismissed as academic, without costs or disbursements.
In papers submitted in opposition to this proceeding the Attorney-General asserts that Justice Phyllis O. Plug has granted a jury trial in the underlying action on the issue of the grounds for a divorce pursuant to Domestic Relations Law § 173. Accordingly, this proceeding is dismissed as academic. Mangano, P. J., Bracken, Rosenblatt, Miller and Sullivan, JJ., concur.