Matter of Johnson v Griffin

Matter of Johnson v Griffin 2007 NY Slip Op 02756 [38 AD3d 895] March 27, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

In the Matter of Parys Johnson, Petitioner,
v
Justice Griffin et al., Respondents.

—[*1] Parys Johnson, East Elmhurst, N.Y., petitioner pro se.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondents Justice Griffin and Justice Chin-Brandt.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gregory C. Pavlides of counsel), proposed intervenor pro se.

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from enforcing an order dated May 9, 2006, and application for poor person relief. Motion by Richard A. Brown, District Attorney, Queens County, for leave to intervene in this proceeding.

Ordered that the application 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,

Ordered that the motion for leave to intervene is denied as academic in light of the disposition of the proceeding; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The petitioner seeks to prohibit enforcement of an order dated May 9, 2006. This proceeding was not commenced until October 30, 2006. Accordingly, it must be dismissed as time-barred (see Matter of Holtzman v Marrus, 74 NY2d 865 [1989]). Miller, J.P., Schmidt, Ritter and Angiolillo, JJ., concur.