Matter of Boykin v Clerk of Supreme Ct., Orange County
2008 NY Slip Op 07122 [54 AD3d 944]
September 23, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 29, 2008


In the Matter of Jermaine Boykin, Petitioner,
v
Clerk of Supreme Court, Orange County, Respondent.

—[*1] Jermaine Boykin, Fallsburg, N.Y., petitioner pro se.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, the Clerk of the Supreme Court, Orange County, to provide the petitioner with copies of his pretrial, trial, and sentence transcripts, 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 subject matter jurisdiction to entertain this proceeding (see CPLR 7804 [b]; 506 [b]). Skelos, J.P., Ritter, Florio and Carni, JJ., concur.