Matter of Rembert v People of State of N.Y.

Matter of Rembert v People 2010 NY Slip Op 00690 [69 AD3d 944] January 26, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

In the Matter of Derek Rembert, Petitioner,
v
The People of the State of New York et al., Respondents.

—[*1] Derek Rembert, Auburn, N.Y., petitioner pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Ann Bordley of counsel), for respondent People of State of New York, and respondent pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Roberta L. Martin of counsel), for respondent John H. Wilson.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the Supreme Court, Kings County, to dismiss the criminal complaint in a case entitled People v Rembert, under Kings County docket No. 2007KN002229. Application by the petitioner to prosecute this proceeding as a poor person.

Ordered that the application to prosecute this 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 as academic, without costs or disbursements.

The criminal complaint in the case entitled People v Rembert, under Kings County docket No. 2007KN002229, was dismissed on December 8, 2009. Accordingly, this proceeding is academic. Prudenti, P.J., Mastro, Florio and Austin, JJ., concur.