Appellate Division of the Supreme Court of New York, 2006

Fischer v. Nassau County District Attorney's Office

Fischer v. Nassau County District Attorney's Office
Appellate Division of the Supreme Court of New York · Decided May 23, 2006
29 A.D.3d 908; 814 N.Y.S.2d 548
Fischer v. Nassau County District Attorney's Office

Opinion of the Court

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel Nassau County District Attorney’s Office to investigate a criminal complaint filed by the petitioner against North Shore Long Island Jewish Health Care System. Application by the petitioner for leave to prosecute the proceeding as a poor person.

Ordered that the branch of the application which is to waive the filing fee is granted and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction (see CPLR 7804 [b]; 506 [b]) to entertain this proceeding. Crane, J.P., Goldstein, Luciano and Dillon, JJ., concur.

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