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Bell v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 985 (N.Y. App. Div. 2008)

Opinion

No. 2008-08125.

December 30, 2008.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the dismissal of the indictment, and application by the petitioner for poor person relief.

Thomas Bell, Fort Dix, N.J., petitioner pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Daniel Bresnahan of counsel), respondent pro se.

Before: Skelos, J.P., Santucci, McCarthy and Dickerson, JJ., concur.


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 7804 [b]; 506 [b]).


Summaries of

Bell v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 985 (N.Y. App. Div. 2008)
Case details for

Bell v. Brown

Case Details

Full title:In the Matter of THOMAS BELL, Petitioner, v. RICHARD A. BROWN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 30, 2008

Citations

57 A.D.3d 985 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10618
869 N.Y.S.2d 786

Citing Cases

Bell v. Brown

Decided April 7, 2009. Reported below, 57 AD3d 985. Appeal dismissed, without costs, by the Court of Appeals,…