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Stanislas v. Wettenstein

Supreme Court, Appellate Division, Second Department, New York.
Apr 16, 2014
116 A.D.3d 871 (N.Y. App. Div. 2014)

Opinion

2014-04-16

In the Matter of Kenley STANISLAS, petitioner, v. WETTENSTEIN, Warden of the Manhattan Detention Center, etc., et al., respondents.

Kenley Stanislas, New York, N.Y., petitioner pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Sabrina Thanse of counsel), for respondents.


Kenley Stanislas, New York, N.Y., petitioner pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Sabrina Thanse of counsel), for respondents.

Proceeding pursuant to CPLR article 78 for a writ of prohibition, in effect, to prohibit the Kings County District Attorney from prosecuting Kings County Indictment No. 2417/12 on the ground that Kings County does not have jurisdiction over the crimes charged therein, 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 ( seeCPLR 506[b]; 7804[b] ). BALKIN, J.P., DICKERSON, LEVENTHAL and HINDS–RADIX, JJ., concur.


Summaries of

Stanislas v. Wettenstein

Supreme Court, Appellate Division, Second Department, New York.
Apr 16, 2014
116 A.D.3d 871 (N.Y. App. Div. 2014)
Case details for

Stanislas v. Wettenstein

Case Details

Full title:In the Matter of Kenley STANISLAS, petitioner, v. WETTENSTEIN, Warden of…

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

Date published: Apr 16, 2014

Citations

116 A.D.3d 871 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 2599
983 N.Y.S.2d 420