Matter of Patterson v. Greller

Appellate Division of the Supreme Court of New York

Matter of Patterson v. Greller

137 A.D.3d 1148, 26 N.Y.S.3d 872

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

DecidedMarch 23, 2016

Docket2015-09770

StatusPublished

This text of 137 A.D.3d 1148 (Matter of Patterson v. Greller) 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 Patterson v. Greller, 137 A.D.3d 1148, 26 N.Y.S.3d 872 (N.Y. Ct. App. 2016).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Stephen L. Greller, a now-retired Justice of the County Court, Dutchess County, to determine the petitioner’s motion pursuant to CPL article 440 to vacate a judgment of conviction of the same court rendered November 5, 2008, in a criminal action entitled People v Patterson, commenced in that court under indictment No. 143/06, 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 petition is denied as academic and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). Here, the petitioner seeks mandamus to compel the respondent to determine the petitioner’s motion pursuant to CPL article 440 to vacate a judgment of conviction rendered in an underlying criminal action. The petitioner’s motion was determined in an order of the County Court, Dutchess County (Brown, J.), dated January 19, 2016. Therefore, we deny the petition as academic and dismiss the proceeding.

Hall, J.P., Sgroi, Hinds-Radix and LaSalle, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Stephen L. Greller, a now-retired Justice of the County Court, Dutchess County, to determine the petitioner’s motion pursuant to CPL article 440 to vacate a judgment of conviction of the same court rendered November 5, 2008, in a criminal action entitled People v Patterson, commenced in that court under indictment No. 143/06, 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 petition is denied as academic and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). Here, the petitioner seeks mandamus to compel the respondent to determine the petitioner’s motion pursuant to CPL article 440 to vacate a judgment of conviction rendered in an underlying criminal action. The petitioner’s motion was determined in an order of the County Court, Dutchess County (Brown, J.), dated January 19, 2016. Therefore, we deny the petition as academic and dismiss the proceeding.

Hall, J.P., Sgroi, Hinds-Radix and LaSalle, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

137 A.D.3d 1148, 26 N.Y.S.3d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-patterson-v-greller-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack