Appellate Division of the Supreme Court of New York, 2007

Nazario v.Department of Corrections

Nazario v.Department of Corrections
Appellate Division of the Supreme Court of New York · Decided May 29, 2007
40 A.D.3d 1103; 834 N.Y.S.2d 876
Nazario v.Department of Corrections

Opinion of the Court

Proceeding pursuant to CPLR article 78 to compel the Clerk of the Supreme Court, Queens County, to accept a petition pursuant to CPLR article 78 to review a determination of the Department of Corrections, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

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

This Court does not have subject matter jurisdiction to entertain this proceeding {see CPLR 506). Ritter, J.E, Goldstein, Fisher and Balkin, JJ., concur.

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