Matter of McRae v Suffolk County Clerk's Off.
2013 NY Slip Op 04811 [107 AD3d 1000]
June 26, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


In the Matter of Aaron McRae, Petitioner,
v
Suffolk County Clerk's Office, Respondent.

—[*1] Aaron McRae, Comstock, N.Y., petitioner pro se.

Dennis M. Brown, County Attorney, Hauppauge, N.Y. (Jacqueline Caputi of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Suffolk County Clerk's Office to provide the petitioner with a complete index of all documents on file in connection with Suffolk County indictment No. 1996-10, 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]). Skelos, J.P., Dickerson, Chambers and Roman, JJ., concur.