Matter of Simon v. Annucci

Appellate Division of the Supreme Court of New York

Matter of Simon v. Annucci

127 A.D.3d 874, 4 N.Y.S.3d 900

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

DecidedApril 8, 2015

Docket2013-08857

StatusPublished

This text of 127 A.D.3d 874 (Matter of Simon v. Annucci) 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 Simon v. Annucci, 127 A.D.3d 874, 4 N.Y.S.3d 900 (N.Y. Ct. App. 2015).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Anthony Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision, to protect the petitioner while he is in prison, 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]).

Dillon, J.P., Dickerson, Duffy and Barros, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent Anthony Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision, to protect the petitioner while he is in prison, 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]).

Dillon, J.P., Dickerson, Duffy and Barros, JJ., concur.

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Bluebook (online)

127 A.D.3d 874, 4 N.Y.S.3d 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-simon-v-annucci-nyappdiv-2015.