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Carter v. Supreme Court

Supreme Court, Appellate Division, Second Department, New York.
May 25, 2016
139 A.D.3d 1054 (N.Y. App. Div. 2016)

Opinion

05-25-2016

In the Matter of Jeremy Marquise CARTER, petitioner, v. SUPREME COURT, Nassau County, respondent.

Jeremy Marquise Carter, Estill, SC, petitioner pro se. Eric T. Schneiderman, Attorney General, New York, NY (Charles F. Sanders of counsel), for respondent.


Jeremy Marquise Carter, Estill, SC, petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, NY (Charles F. Sanders of counsel), for respondent.

Opinion

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to determine a certain motion in an underlying action entitled Carter v. Botero, pending in the Supreme Court, Nassau County, under Index No. 10901/12, 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] ).

RIVERA, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.


Summaries of

Carter v. Supreme Court

Supreme Court, Appellate Division, Second Department, New York.
May 25, 2016
139 A.D.3d 1054 (N.Y. App. Div. 2016)
Case details for

Carter v. Supreme Court

Case Details

Full title:In the Matter of Jeremy Marquise CARTER, petitioner, v. SUPREME COURT…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: May 25, 2016

Citations

139 A.D.3d 1054 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 4048
30 N.Y.S.3d 834