¶1Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Justice of the Supreme Court to decide the petitioner’s CPL article 440 motion.
¶2Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto, it is
¶3Adjudged that the petition is denied and the proceeding is dismissed as academic, without costs or disbursements. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.