Matter of Copeland v People

Matter of Matter of Copeland v People 2012 NY Slip Op 07663 Decided on November 14, 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 November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ANITA R. FLORIO
THOMAS A. DICKERSON, JJ.
2012-05013 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Arturo Copeland, petitioner,

v

People of State of New York, respondent. Arturo Copeland, Oakdale, Louisiana, petitioner pro se.




Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles
F. Sanders of counsel), for respondent.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus to compel the determination of the petitioner's motion pursuant to CPL 440.10 in a criminal action entitled People v Copeland, pending in the Criminal Court, Kings County, under Indictment No. 39420/09, 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 petition is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506[b]; 7804[b]).
MASTRO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court