Matter of Williams v. Zambelli

Appellate Division of the Supreme Court of New York

Matter of Williams v. Zambelli

125 A.D.3d 678, 999 N.Y.S.2d 750

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

DecidedFebruary 4, 2015

Docket2014-06206

StatusPublished

This text of 125 A.D.3d 678 (Matter of Williams v. Zambelli) 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 Williams v. Zambelli, 125 A.D.3d 678, 999 N.Y.S.2d 750 (N.Y. Ct. App. 2015).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, a Judge of the County Court, Westchester County, to determine the petitioner’s motion pursuant to CPL article 440 in an underlying criminal action entitled People v Williams, pending in the County Court, Westchester County, under indictment No. 1571/97, and application by the petitioner for poor person relief.

Ordered that the application for poor person relief is granted *679 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 and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner failed to properly serve the order to show cause and petition upon the respondent, Barbara G. Zambelli, and the Attorney General, as required by CPLR 7804 (c). Accordingly, this proceeding must be dismissed (see CPLR 7804; Matter of Whitnum v Plastic & Reconstructive Surgery, P.C., 122 AD3d 870 [2014]).

Dillon, J.P., Dickerson, Chambers and Maltese, JJ., concur.

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