IN RE: James Pettus (2011)

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel Frank Dudis, an Assistant District Attorney, Kings County, and Melissa Broder, an Assistant Counsel for the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, to investigate, inter alia, the characterization and processing of the petitioner's complaint to the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts with respect to the prosecutor's conduct in an underlying criminal action entitled People v. Pettus, commenced in the Supreme Court, Kings County, under Indictment No. 6013/02, and application by the petitioner for poor person relief.

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 proceeding is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 7804[b];  CPLR 506[b];  Matter of Taylor v. Adler, 73 AD3d 937).

RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court