White v. People

Appellate Division of the Supreme Court of New York

White v. People

41 A.D.3d 860, 837 N.Y.S.2d 590

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

DecidedJune 26, 2007

StatusPublished

Cited by1 cases

This text of 41 A.D.3d 860 (White v. People) 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

White v. People, 41 A.D.3d 860, 837 N.Y.S.2d 590 (N.Y. Ct. App. 2007).

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Opinion

Froceeding pursuant to CFLR article 78 in the nature of prohibition, inter alia, to bar the Feople from relitigating certain matters previously determined in a proceeding in the Supreme Court, Kings County, entitled People v White under indictment No. 3821/06, 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 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 . . . judge of [the] county court or the court of general sessions” was named as a respondent (CPLR 506 [b] [1]). Since subject matter jurisdiction cannot be waived, the proceeding must be dismissed (see Matter of Nolan v Lungen, 61 NY2d 788 [861]*861[1984]; CPLR 7804 [b]; cf. Matter of Law Offs. of Andrew F. Capoccia v Spitzer, 270 AD2d 643, 644 n 2 [2000]) Florio, J.P., Fisher, Carni and McCarthy, JJ., concur.

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Froceeding pursuant to CFLR article 78 in the nature of prohibition, inter alia, to bar the Feople from relitigating certain matters previously determined in a proceeding in the Supreme Court, Kings County, entitled People v White under indictment No. 3821/06, 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 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 . . . judge of [the] county court or the court of general sessions” was named as a respondent (CPLR 506 [b] [1]). Since subject matter jurisdiction cannot be waived, the proceeding must be dismissed (see Matter of Nolan v Lungen, 61 NY2d 788 [861]*861[1984]; CPLR 7804 [b]; cf. Matter of Law Offs. of Andrew F. Capoccia v Spitzer, 270 AD2d 643, 644 n 2 [2000]) Florio, J.P., Fisher, Carni and McCarthy, JJ., concur.

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Bluebook (online)

41 A.D.3d 860, 837 N.Y.S.2d 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-people-nyappdiv-2007.

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