Matter of Loccenitt v New York City Dept. of Corr.

Matter of Loccenitt v New York City Dept. of Corr. 2013 NY Slip Op 07736 Decided on November 20, 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 November 20, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
2013-07007 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Kiaza Loccenitt, petitioner,

v

New York City Department of Correction, et al., respondents.




Kiaza Loccenitt, East Elmhurst, N.Y., petitioner pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Jodi L.
Mandel of counsel), nonparty pro se.

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the New York City Department of Correction from enforcing certain administrative policies, 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]).
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court