Matter of Robinson v. County Ct., Rockland County

Appellate Division of the Supreme Court of New York

Matter of Robinson v. County Ct., Rockland County

120 A.D.3d 1421, 992 N.Y.S.2d 441, 2014 NY Slip Op 06319, 2014 N.Y. App. Div. LEXIS 6293

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

DecidedSeptember 24, 2014

Docket2014-06539

StatusPublished

This text of 120 A.D.3d 1421 (Matter of Robinson v. County Ct., Rockland 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 Robinson v. County Ct., Rockland County, 120 A.D.3d 1421, 992 N.Y.S.2d 441, 2014 NY Slip Op 06319, 2014 N.Y. App. Div. LEXIS 6293 (N.Y. Ct. App. 2014).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to decide the petitioner’s motion pursuant to CPL 440.10 in an underlying criminal action entitled People v Robinson, pending in the County Court, Rockland County, under indictment No. 2010-449, and application by the petitioner for leave 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.

The plaintiff commenced this proceeding against the County Court, Rockland County. However, the County Court is not a body or officer over which this Court has jurisdiction (see CPLR 506 [b]; 7802 [a]; 7804 [b]).

Dillon, J.E, Dickerson, Cohen and Duffy, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to decide the petitioner’s motion pursuant to CPL 440.10 in an underlying criminal action entitled People v Robinson, pending in the County Court, Rockland County, under indictment No. 2010-449, and application by the petitioner for leave 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.

The plaintiff commenced this proceeding against the County Court, Rockland County. However, the County Court is not a body or officer over which this Court has jurisdiction (see CPLR 506 [b]; 7802 [a]; 7804 [b]).

Dillon, J.E, Dickerson, Cohen and Duffy, JJ., concur.

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Bluebook (online)

120 A.D.3d 1421, 992 N.Y.S.2d 441, 2014 NY Slip Op 06319, 2014 N.Y. App. Div. LEXIS 6293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-robinson-v-county-ct-rockland-county-nyappdiv-2014.