Matter of Ndaula v Zayas

Matter of Ndaula v Zayas 2013 NY Slip Op 05217 Decided on July 10, 2013 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 July 10, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
2013-01811 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Alexander Ndaula, petitioner,

v

Joseph A. Zayas, etc., et al., respondents. Alexander Ndaula, East Elmhurst, N.Y., petitioner pro se.




Eric T. Schneiderman, Attorney General, New York, N.Y.
(Charles F. Sanders of counsel), for respondent Joseph A. Zayas.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Jill
A. Gross Marks of counsel),
respondent pro se.

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the prosecution of the petitioner in a criminal action entitled People v Ndaula, commenced against the petitioner in the Supreme Court, Queens County, under Indictment No. 1721/11, and application by the petitioner for poor person relief.

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 as academic, without costs or disbursements.

The proceeding has been rendered academic, as the petitioner has been sentenced in the underlying criminal action.
RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court