Matter of Bell v Brown
2008 NY Slip Op 10618 [57 AD3d 985]
December 30, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


In the Matter of Thomas Bell, Petitioner,
v
Richard A. Brown, Respondent.

—[*1] Thomas Bell, Fort Dix, N.J., petitioner pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Daniel Bresnahan of counsel), respondent pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the dismissal of the indictment, 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., Santucci, McCarthy and Dickerson, JJ., concur.