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Owens v. Lim

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 590 (N.Y. App. Div. 2006)

Opinion

2006-06592.

November 14, 2006.

Appeal from Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Arnold Lim, a Judge of the Family Court, Kings County, to decide a motion for "Modification of Placement and to Vacate a Jurisdictional Defective Order," in a proceeding in that court entitled Matter of Jessica K., pending under docket No. NN-20366/04, and application by the petitioner for poor person relief.

James Owens, Attica, N.Y., petitioner pro se.

Eliot Spitzer, Attorney-General, New York, N.Y. (Lisa Ghartey of counsel), for respondent.

Before: Crane, J.P., Ritter, Rivera and Lunn, 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 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

Owens v. Lim

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2006
34 A.D.3d 590 (N.Y. App. Div. 2006)
Case details for

Owens v. Lim

Case Details

Full title:In the Matter of JAMES OWENS, Petitioner, v. ARNOLD LIM, as Judge of the…

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

Date published: Nov 14, 2006

Citations

34 A.D.3d 590 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8251
823 N.Y.S.2d 677