Hayes v. People — 136 A.D.3d 1035

Majority

p. 1035

In the Matter of Ronald Hayes, Petitioner, v The People of the State of New York, Respondent.

[25 NYS3d 608]—

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the People of the State of New York from using a sentence imposed by the Supreme Court, Queens County, under Queens County indictment No. 3334/90, as a predicate for an adjudication as a persistent violent felony offender in connection with the petitioner’s sentence under Queens County indictment No. 3982/00, 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.

p. 1036

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506 [b]; 7804 [b]).

Rivera, J.P, Sgroi, Miller and Hinds-Radix, JJ., concur.