Venture Magazine, Inc. v. White

OPINION OF THE COURT

In this proceeding, brought pursuant to CPLR article 78, petitioners seek a judgment to compel respondent, a Justice of the Supreme Court, to decide, on the merits, petitioners’ motion for summary judgment dismissing a complaint.

The petitioners are defendants in a libel action, entitled Brandt v Venture Mag. (Supreme Ct, NY County, index No. 14354/81), which was commenced in 1981. On July 11, 1984, the petitioners filed the instant motion for summary *451judgment, returnable in Special Term, Part I. While the Brandt litigation was being conferenced in Trial Term, Part XIV,…