Matter of James Webb v Kings County Clerk

Matter of Webb v Kings County Clerk 2006 NY Slip Op 05647 [31 AD3d 570] July 11, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2006

In the Matter of James Webb, Petitioner,
v
Kings County Clerk, Respondent.

—[*1]Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Kings County Clerk to enter and docket a transcript of judgment in an action entitled Webb v Overton, under index No. 12845/04, without fee. 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 to entertain this proceeding (see CPLR 506 [b]; 7804 [b]). Crane, J.P., Goldstein, Rivera and Lifson, JJ., concur.