Matter of Canestro v. Pineda-Kirwan

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Diccia Pineda-Kirwan, a Justice of the Supreme Court, Queens County, to determine a pending motion and cross motion in an underlying action entitled Pietrafesa v Canestro, pending in the Supreme Court, Queens County, under index No. 6281/12.

Adjudged that the petition and proceeding are dismissed insofar as asserted against the respondent Gene Pietrafesa, as executor of the estate of Marie Pietrafesa, without costs or disbursements; and it is further

Adjudged that the petition is denied and the proceeding…