IN THE MATTER OF LEON WEEKS V COMMISSIONER OF DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND MINISTERIAL
Motion No: OP 15-01345
Slip Opinion No: 2015 NY Slip Op 84099(U)
Decided on September 10, 2015
Appellate Division, Fourth 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.


September 10, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. OP 15-01345

IN THE MATTER OF LEON WEEKS, PETITIONER,

V

COMMISSIONER OF DEPARTMENT OF CORRECTIONS AND COMMUNITY

SUPERVISION AND MINISTERIAL FAMILY SERVICES, RESPONDENTS.


Petitioner having moved to commence a CPLR article 78 proceeding in this Court as a poor person,

Now, upon reading and filing the affidavits of Leon Weeks sworn to June 1, 2015, and June 15, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, and

It is further ORDERED that the proceeding is dismissed for lack of subject matter jurisdiction (see CPLR 506 [b] [1] and 7804 [b]).

Entered: September 10, 2015

Frances E. Cafarell, Clerk