Matter of Stanislas v Wettenstein, Warden of the Manhattan Detention Ctr.

Matter of Stanislas v Wettenstein, Warden of the Manhattan Detention Ctr. 2014 NY Slip Op 02599 Decided on April 16, 2014 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 April 16, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX, JJ.
2014-00766 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Kenley Stanislas, petitioner,

v

Wettenstein, Warden of the Manhattan Detention Center, etc., et al., respondents. Kenley Stanislas, New York, N.Y., petitioner pro se.




Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Sabrina
Thanse of counsel), for respondents.

Proceeding pursuant to CPLR article 78 for a writ of prohibition, in effect, to prohibit the Kings County District Attorney from prosecuting Kings County Indictment No. 2417/12 on the ground that Kings County does not have jurisdiction over the crimes charged therein, 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]).
BALKIN, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court