Matter of Greene v Bayview Corr. Facility
2012 NY Slip Op 09065 [101 AD3d 1124]
December 26, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


In the Matter of Denise Greene, Petitioner,
v
Bayview Correctional Facility et al., Respondents.

—[*1] Denise Greene, Albion, N.Y., petitioner pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents to approve the petitioner's participation in the "temporary release program," and application by the petitioner to prosecute the proceeding as a poor person.

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 506 [b]; 7804 [b]). Dillon, J.P., Balkin, Chambers and Miller, JJ., concur.