
    (September 16, 1998)
    In the Matter of Stuart Goltzman, Petitioner, v Phyllis O. Flug, as Justice of the Supreme Court of the State of New York, et al., Respondents.
    [678 NYS2d 901]
   Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Justice Phyllis O. Plug to grant a jury trial pursuant to Domestic Relations Law § 173 in an underlying matrimonial action entitled Goltzman v Goltzman, pending in the Supreme Court, Queens County.

Adjudged that the proceeding is dismissed as academic, without costs or disbursements.

In papers submitted in opposition to this proceeding the Attorney-General asserts that Justice Phyllis O. Plug has granted a jury trial in the underlying action on the issue of the grounds for a divorce pursuant to Domestic Relations Law § 173. Accordingly, this proceeding is dismissed as academic. Mangano, P. J., Bracken, Rosenblatt, Miller and Sullivan, JJ., concur.  