Matter of Gssime v County Ct. of Nassau County

Matter of Matter of Gssime v County Ct. of Nassau County 2012 NY Slip Op 08006 Decided on November 21, 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 21, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2012-08167 ORDER & JUDGMENT

[*1]In the Matter of Said Gssime, petitioner,

v

County Court of Nassau County, et al., respondents.




Said Gssime, Coxsackie, N.Y., petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Susan Anspach of counsel), for
respondent County Court of Nassau
County.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert
A. Schwartz of counsel), respondent
pro se.

Proceeding pursuant to CPLR article 78, in effect, in the nature of mandamus to vacate an order of the County Court, Nassau County (Robbins, J.), entered August 1, 2012, in a criminal proceeding entitled People v Gssime, pending in the County Court, Nassau County, under Indictment No. 3119/97, which denied his motion pursuant to CPL 440.10, 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 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]).
FLORIO, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court