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Pettus v. Clerk

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


April 13, 2010

IN THE MATTER OF JAMES PETTUS, PETITIONER,
v.
CLERK, ETC., ET AL., RESPONDENTS.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Clerk of the Supreme Court, Kings County, and the Justices thereof, to accept for filing a CPLR article 78 proceeding to compel the Kings County District Attorney to unseal certain grand jury documents, and application by the petitioner for poor person relief.

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.

WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, ARIEL E. BELEN and CHERYL E. CHAMBERS, JJ.

DECISION, ORDER & JUDGMENT

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 petition is denied as academic, and the proceeding is dismissed., without costs or disbursements.

The petitioner's underlying CPLR article 78 proceeding has been accepted for filing.

MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

20100413

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