Matter of Williams v DiFiore

Matter of Matter of Williams v DiFiore 2012 NY Slip Op 06812 Decided on October 10, 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 October 10, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
2012-06701 DECISION, ORDER & JUDGMENT

[*1]In the Matter of DeAndre Williams, petitioner,

v

Janet DiFiore, etc., et al., respondents. DeAndre Williams, Malone, N.Y., appellant pro se.




Janet DiFiore, District Attorney, White Plains, N.Y. (Adrienne M.
Chapoulie respondent pro se and Robert K. Saver of counsel),
respondent pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondents, Janet DiFiore, District Attorney of Westchester County, and Adrienne Chapoulie, an Assistant District Attorney, to provide an "offer of proof" pursuant to CPL 70.20 in connection with an underlying criminal action entitled People v Williams, commenced in the County Court, Westchester County, under Indictment No. 97-1571, and application by the petitioner to prosecute the proceeding as a poor person.

ORDERED that the application for leave to prosecute the 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 proceeding is dismissed, without costs or disbursements.

This Court does not have subject matter to jurisdiction to entertain this proceeding (see CPLR 7804[b]; 506[b]).
ENG, P.J., RIVERA, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court