Jackson v. Carroll

Appellate Division of the Supreme Court of New York

Jackson v. Carroll

65 A.D.3d 1148, 885 N.Y.S.2d 221

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 15, 2009

StatusPublished

This text of 65 A.D.3d 1148 (Jackson v. Carroll) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Carroll, 65 A.D.3d 1148, 885 N.Y.S.2d 221 (N.Y. Ct. App. 2009).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Assistant District Attorney to release certain property allegedly being held by the Office of the Kings County District Attorney, 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 original subject matter jurisdiction to entertain this proceeding (see CPLR 7804 [b]; 506 [b]). Fisher, J.P., Miller, Leventhal and Lott, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Assistant District Attorney to release certain property allegedly being held by the Office of the Kings County District Attorney, 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 original subject matter jurisdiction to entertain this proceeding (see CPLR 7804 [b]; 506 [b]). Fisher, J.P., Miller, Leventhal and Lott, JJ., concur.

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Bluebook (online)

65 A.D.3d 1148, 885 N.Y.S.2d 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-carroll-nyappdiv-2009.