Matter of Stanislas v Wettenstein (2014 NY Slip Op 02599)

Matter of Stanislas v Wettenstein

2014 NY Slip Op 02599 [116 AD3d 871]

April 16, 2014

Appellate Division, Second Department

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

As corrected through Wednesday, May 28, 2014

In the Matter of Kenley Stanislas, Petitioner,
v
Stephen Wettenstein, Warden of the Manhattan Detention Center, et al., Respondents.

—[*1] Kenley Stanislas, New York, N.Y., petitioner pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Sabrina Thanse of counsel), for respondents.

Proceeding pursuant to CPLR article 78 for a writ of prohibition, in effect, to prohibit the Kings County District Attorney from prosecuting Kings County indictment No. 2417/12 on the ground that Kings County does not have jurisdiction over the crimes charged therein, 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]). Balkin, J.P., Dickerson, Leventhal and Hinds-Radix, JJ., concur.