General

In the Matter of Kenley Stanislas, Petitioner, v. Stephen Wettenstein, Warden of the Manhattan Detention Center, et al., Respondents

116 A.D.3d 871983 N.Y.S.2d 420·New York Supreme Court, Appellate Division·2014·NY

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Opinion

In the Matter of Kenley Stanislas, Petitioner, v Stephen Wettenstein, Warden of the Manhattan Detention Center, et al., Respondents. [983 NYS2d 420] [MAJORITY] — 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.E, Dickerson, Leventhal and Hinds-Radix, JJ., concur.