Matter of Rita E. Fischer v Nassau County District Attorney's Office

Matter of Fischer v Nassau County Dist. Attorney's Off. 2006 NY Slip Op 04084 [29 AD3d 908] May 23, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

In the Matter of Rita E. Fischer, Appellant,
v
Nassau County District Attorney's Office et al., Respondents.

—[*1]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.

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