Appellate Division of the Supreme Court of New York, 2025

Matter of Polesny v. Capitti

Matter of Polesny v. Capitti
Appellate Division of the Supreme Court of New York · Decided October 2, 2025
2025 NY Slip Op 05322
Matter of Polesny v. Capitti

Opinion

Matter of Polesny v Capitti (2025 NY Slip Op 05322)

Matter of Polesny v Capitti
2025 NY Slip Op 05322
Decided on October 02, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: October 02, 2025
Before: Moulton, J.P., Kennedy, González, Shulman, Rodriguez, JJ.

Index No. 306954/18|Appeal No. 4841|Case No. 2025-04013|

[*1]In the Matter of Evelyn Polesny, Petitioner,

v

Hon. Linda Marie Capitti, Respondent.




Evelyn Polesny, appellant pro se.

Letitia James, Attorney General, New York (Shi-Shi Wang of counsel), for respondent.



The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules,

Now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon,

It is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: October 2, 2025



Opinion

Matter of Polesny v Capitti (2025 NY Slip Op 05322)

Matter of Polesny v Capitti
2025 NY Slip Op 05322
Decided on October 02, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: October 02, 2025
Before: Moulton, J.P., Kennedy, González, Shulman, Rodriguez, JJ.

Index No. 306954/18|Appeal No. 4841|Case No. 2025-04013|

[*1]In the Matter of Evelyn Polesny, Petitioner,

v

Hon. Linda Marie Capitti, Respondent.




Evelyn Polesny, appellant pro se.

Letitia James, Attorney General, New York (Shi-Shi Wang of counsel), for respondent.



The above-named petitioner having presented an application to this Court praying for an order, pursuant to article 78 of the Civil Practice Law and Rules,

Now, upon reading and filing the papers in said proceeding, and due deliberation having been had thereon,

It is unanimously ordered that the application be and the same hereby is denied and the petition dismissed, without costs or disbursements.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: October 2, 2025



Case-law data current through December 31, 2025. Source: CourtListener bulk data.