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Fischer v. Nassau County District Attorney's Office

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2006
29 A.D.3d 908 (N.Y. App. Div. 2006)

Opinion

2006-02146.

May 23, 2006.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel Nassau County District Attorney's Office to investigate a criminal complaint filed by the petitioner against North Shore Long Island Jewish Health Care System. Application by the petitioner for leave to prosecute the proceeding as a poor person.

Rita E. Fischer, Plainview, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Laurie K. Spinella and Robert A. Schwartz of counsel), for respondents, and respondent pro se.

Before: Crane, J.P., Goldstein, Luciano and Dillon, JJ., concur.


Ordered that the branch of the application which is to waive the filing fee is granted and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction ( see CPLR 7804 [b]; 506 [b]) to entertain this proceeding.


Summaries of

Fischer v. Nassau County District Attorney's Office

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2006
29 A.D.3d 908 (N.Y. App. Div. 2006)
Case details for

Fischer v. Nassau County District Attorney's Office

Case Details

Full title:In the Matter of RITA E. FISCHER, Appellant, v. NASSAU COUNTY DISTRICT…

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

Date published: May 23, 2006

Citations

29 A.D.3d 908 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4084
814 N.Y.S.2d 548