People ex rel. Toriola v Little Neck Nursing Home
2013 NY Slip Op 00113 [102 AD3d 712]
January 9, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 27, 2013


People of the State of New York ex rel. Rosemary Chinye Okolie Toriola, on Behalf of Theresa Ogoli Okolie, Petitioner,
v
Little Neck Nursing Home et al., Respondents.

[*1] Rosemary Chinye Okolie Toriola, Corona, N.Y., petitioner pro se.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, Lake Success, N.Y. (Barbara Stegun Phair of counsel), for respondents Little Neck Nursing Home, Bay View Nursing Home, Lori E. Banks, Akiva Fogel, Tina Perez, and Lulu Lim.

Costello, Shea & Gaffney, LLP, New York, N.Y. (Yanique L. Burke of counsel), for respondent North Shore L.I.J. University Hospital.

Kelechi Onwuchekwa, New York, N.Y., guardian for Theresa Ogoli Okolie.

Writ of habeas corpus in the nature of an application to release Theresa Ogoli Okolie from the respondents' custody. Application by the petitioner for leave to prosecute the proceeding as a poor person.

Ordered that the application is granted to the extent that the filing fee is waived and the application is otherwise denied as academic; and it is further,

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

The petitioner has not established her right to habeas corpus relief (see generally State of New York ex rel. Headley v Connor, 87 AD2d 511 [1982]). Mastro, J.P., Lott, Austin and Sgroi, JJ., concur.