Matter of Ruperto Lindsay v People of State of New York

Matter of Lindsay v People 2006 NY Slip Op 04090 [29 AD3d 911] 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 Ruperto Lindsay, Petitioner,
v
The People of the State of New York, Respondent.

—[*1]Proceeding pursuant to CPLR article 78 to compel the respondent to respond to the petitioner's request pursuant to the Freedom of Information Law (Public Officers Law art 6). Application by the petitioner for leave to prosecute the proceeding as a poor person.

Ordered that the application 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 denied and the proceeding is dismissed, without costs or disbursements, on the ground that the Appellate Division does not have subject matter jurisdiction (see CPLR 506 [b]; 7804 [b]). Crane, J.P., Goldstein, Luciano and Dillon, JJ., concur.