Matter of Carter v. Supreme Ct., Nassau County

Appellate Division of the Supreme Court of New York

Matter of Carter v. Supreme Ct., Nassau County

139 A.D.3d 1054, 30 N.Y.S.3d 834

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

DecidedMay 25, 2016

Docket2016-02715

StatusPublished

This text of 139 A.D.3d 1054 (Matter of Carter v. Supreme Ct., Nassau County) 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

Matter of Carter v. Supreme Ct., Nassau County, 139 A.D.3d 1054, 30 N.Y.S.3d 834 (N.Y. Ct. App. 2016).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to determine a certain motion in an underlying action entitled Carter v Botero, pending in the Supreme Court, Nassau County, under index No. 10901/12, and application by the petitioner to prosecute the proceeding as a poor person.

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

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

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506 [b]; 7804 [b]).

Rivera, J.P., Austin, Roman and Cohen, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to determine a certain motion in an underlying action entitled Carter v Botero, pending in the Supreme Court, Nassau County, under index No. 10901/12, and application by the petitioner to prosecute the proceeding as a poor person.

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

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

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506 [b]; 7804 [b]).

Rivera, J.P., Austin, Roman and Cohen, JJ., concur.

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Bluebook (online)

139 A.D.3d 1054, 30 N.Y.S.3d 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-carter-v-supreme-ct-nassau-county-nyappdiv-2016.