Matter of Carter v Supreme Ct., Nassau County, 2016 NY Slip Op 04048 [139 AD3d 1054]

May 25, 2016

Appellate Division, Second Department

[*1]

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.

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..