Mejia v. Clerk of Court

Appellate Division of the Supreme Court of New York

Mejia v. Clerk of Court

54 A.D.3d 865, 863 N.Y.S.2d 375

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

DecidedSeptember 16, 2008

StatusPublished

This text of 54 A.D.3d 865 (Mejia v. Clerk of Court) 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

Mejia v. Clerk of Court, 54 A.D.3d 865, 863 N.Y.S.2d 375 (N.Y. Ct. App. 2008).

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Opinion

Proceeding pursuant to CELR article 78 in the nature of mandamus to compel the respondents to refund, to the petitioner, money he posted for bail in connection with a criminal action entitled People v Mejia, commenced in the Criminal Court, Queens County, under docket No. 2006 QN 01446, and application for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CELR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

This Court does not have original subject matter jurisdiction to entertain this proceeding, as no “justice of the supreme court or a judge of a county court or the court of general sessions” was named as a respondent (CELR 506 [b] [1]). Since subject matter jurisdiction cannot be waived, the proceeding must be dismissed (see Matter of Nolan v Lungen, 61 NY2d 788 [1984]; CPLR 7804 [b]; cf. Matter of Law Offs. of Andrew F. Capoccia v Spitzer, 270 AD2d 643, 644 n 2 [2000]). Fisher, J.E, Balkin, McCarthy and Chambers, JJ., concur.

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Proceeding pursuant to CELR article 78 in the nature of mandamus to compel the respondents to refund, to the petitioner, money he posted for bail in connection with a criminal action entitled People v Mejia, commenced in the Criminal Court, Queens County, under docket No. 2006 QN 01446, and application for poor person relief.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CELR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

This Court does not have original subject matter jurisdiction to entertain this proceeding, as no “justice of the supreme court or a judge of a county court or the court of general sessions” was named as a respondent (CELR 506 [b] [1]). Since subject matter jurisdiction cannot be waived, the proceeding must be dismissed (see Matter of Nolan v Lungen, 61 NY2d 788 [1984]; CPLR 7804 [b]; cf. Matter of Law Offs. of Andrew F. Capoccia v Spitzer, 270 AD2d 643, 644 n 2 [2000]). Fisher, J.E, Balkin, McCarthy and Chambers, JJ., concur.

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Bluebook (online)

54 A.D.3d 865, 863 N.Y.S.2d 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mejia-v-clerk-of-court-nyappdiv-2008.

Opinion

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