| People, Etc., Ex Rel. Jose Walter Arteaga-flores v Eric Schneiderman |
| Motion No: 2012-02588 nc |
| Slip Opinion No: 2012 NY Slip Op 94168(U) |
| Decided on December 17, 2012 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
DENISE F. MOLIA, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People, etc., ex rel. Jose Walter Arteaga-Flores, Appellant, v Eric Schneiderman, Respondent. |
Motion by appellant for leave to prosecute an appeal from an order of the County Court of Nassau County (David P. Sullivan, J.), entered February 10, 2012, as a poor person, and for the assignment of counsel. The order denied a petition for habeas corpus. Appellant's appeal and motion were transferred to this court by decision and order of the Appellate Division, Second Department, dated November 21, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as a County Court judge does not have jurisdiction to issue a writ of habeas corpus unless the petitioner is detained in the same county as that in which the judge is found or resides, or in an adjoining county (see CPLR 7002 [b] [4]), and appellant is detained in North Carolina; and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk