| Matter of Ndaula v Zayas |
| 2013 NY Slip Op 05217 [108 AD3d 633] |
| July 10, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Alexander Ndaula,
Petitioner, v Joseph A. Zayas et al., Respondents. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders of
counsel), for respondent Joseph A. Zayas.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Jill A. Gross Marks of
counsel), respondent pro se.
Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the prosecution of the petitioner in a criminal action entitled People v Ndaula, commenced against the petitioner in the Supreme Court, Queens County, under indictment No. 1721/11, 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 as academic, without costs or disbursements.
The proceeding has been rendered academic, as the petitioner has been sentenced in the underlying criminal action. Rivera, J.P., Skelos, Chambers and Austin, JJ., concur.