| Matter of Smith v Cohen |
| Motion No: 2008-08351 |
| Slip Opinion No: 2008 NYSlipOp 86059(U) |
| Decided on October 10, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M77083
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2008-08351 In the Matter of Marvin Smith, petitioner, v Jeffrey Cohen, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se to stay all proceedings in an action entitled People v Smith, pending in the County Court, Westchester County, under Ind. No. 08-0084, pending hearing and determination of a proceeding pursuant to article 78, inter alia, in the nature of prohibition to prohibit the prosecution of the criminal action, and for poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the proceedings is denied; and it is further,
ORDERED that the branch of the motion which is for poor person relief is granted to the extent that the filing fees are waived and that branch of the motion is otherwise denied.
SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court