Matter of Hayes v. People of State of New York

Appellate Division of the Supreme Court of New York

Matter of Hayes v. People of State of New York

136 A.D.3d 1035, 25 N.Y.S.3d 608

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

DecidedFebruary 24, 2016

Docket2015-10888

StatusPublished

This text of 136 A.D.3d 1035 (Matter of Hayes v. People of State of New York) 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 Hayes v. People of State of New York, 136 A.D.3d 1035, 25 N.Y.S.3d 608 (N.Y. Ct. App. 2016).

Pincite

Opinion

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the People of the State of New York from using a sentence imposed by the Supreme Court, Queens County, under Queens County indictment No. 3334/90, as a predicate for an adjudication as a persistent violent felony offender in connection with the petitioner’s sentence under Queens County indictment No. 3982/00, 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.

*1036 This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506 [b]; 7804 [b]).

Rivera, J.P, Sgroi, Miller and Hinds-Radix, JJ., concur.

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Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the People of the State of New York from using a sentence imposed by the Supreme Court, Queens County, under Queens County indictment No. 3334/90, as a predicate for an adjudication as a persistent violent felony offender in connection with the petitioner’s sentence under Queens County indictment No. 3982/00, 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.

*1036 This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506 [b]; 7804 [b]).

Rivera, J.P, Sgroi, Miller and Hinds-Radix, JJ., concur.

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Bluebook (online)

136 A.D.3d 1035, 25 N.Y.S.3d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-hayes-v-people-of-state-of-new-york-nyappdiv-2016.