| Matter of Robinson v County Ct., Rockland County |
| 2014 NY Slip Op 06319 [120 AD3d 1421] |
| September 24, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Allen Robinson,
Petitioner, v County Court, Rockland County, Respondent. |
Allen Robinson, Sonyea, N.Y., petitioner pro se.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to decide the petitioner's motion pursuant to CPL 440.10 in an underlying criminal action entitled People v Robinson, pending in the County Court, Rockland County, under indictment No. 2010-449, and application by the petitioner for leave 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.
The plaintiff commenced this proceeding against the County Court, Rockland County. However, the County Court is not a body or officer over which this Court has jurisdiction (see CPLR 506 [b]; 7802 [a]; 7804 [b]). Dillon, J.P., Dickerson, Cohen and Duffy, JJ., concur.