Matter of Toriola v Doar
2012 NY Slip Op 02886 [94 AD3d 1009]
April 17, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


In the Matter of Rosemary Chinye Okolie Toriola, Petitioner,
v
Robert Doar, Respondent.

—[*1]

Rosemary Chineye Okolie Toriola, Corona, N.Y., petitioner pro se.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Roy A. Esnard and Brent A. Surgeoner of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to answer a petition for a writ of habeas corpus, and application by the petitioner to prosecute the proceeding as a poor person.

Ordered that the application for leave to prosecute the proceeding as a poor person 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,

Adjudged that the petition is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506 [b]; 7804 [b]). Dillon, J.P., Angiolillo, Belen and Cohen, JJ., concur.