McNamara v. Coughlin

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

Respondents move to dismiss the amended petition (petition) in this CPLR article 78 proceeding.

Petitioner is the brother of a homicide victim, Darren McNamara. John Bonizio (Bonizio) was hired by Peter Rosner to avenge an insult to his daughter Cheryl Rosner. On August 25, 1982 Bonizio and an unknown companion carried out their contract by bludgeoning Darren McNamara to death. Bonizio was convicted of first degree manslaughter and sentenced in January 1984 to a term of imprisonment of 6 to 18 years, which he is serving. At his sentencing, the…