Matter of Loccenitt v New York City Dept. of Corr. (2013 NY Slip Op 07736)

Matter of Loccenitt v New York City Dept. of Corr.

2013 NY Slip Op 07736 [111 AD3d 834]

November 20, 2013

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, December 25, 2013

In the Matter of Kiaza Loccenitt, Petitioner,
v
New York City Department of Correction et al., Respondents.

—[*1] Kiaza Loccenitt, East Elmhurst, N.Y., petitioner pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Jodi L. Mandel of counsel), nonparty pro se.

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the New York City Department of Correction from enforcing certain administrative policies, 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]). Skelos, J.P., Balkin, Leventhal and Sgroi, JJ., concur.