Matter of Greene v Bayview Corr.Facility

Matter of Greene v Bayview Corr.Facility 2012 NY Slip Op 09065 Decided on December 26, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 26, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
2012-09093 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Denise Greene, petitioner,

v

Bayview Correctional Facility, et al., respondents. Denise Greene, Albion, N.Y., petitioner pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents to approve the petitioner's participation in the "temporary release program," and application by the petitioner to prosecute the proceeding as a poor person.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied; and it is further,

ADJUDGED that 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]).
DILLON, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court