| Matter of Smith v Jeong |
| Motion No: 2016-06884 |
| Slip Opinion No: 2016 NY Slip Op 84353(U) |
| Decided on September 1, 2016 |
| 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
M217532
J/afa
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2016-06884 In the Matter of Carl Smith, petitioner, v Alexander Jeong, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to preclude the respondents from enforcing two orders of the Supreme Court, Kings County, both dated June 13, 2016, in an action entitled People v Smith under Kings County Indictment No. 10308/12. Application by the petitioner for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
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 as academic; and it is further,
ORDERED that on the Court's own motion, the proceeding is dismissed, without costs and disbursements, on the ground that the petitioner failed to comply with the requirements of CPLR 402 regarding the filing of a petition.
LEVENTHAL, J.P., AUSTIN, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court