IN RE: Floyd McAllister (2011)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Floyd McAllister, petitioner, v. People of State of New York, respondent.

2011–00248

Decided: April 19, 2011

PETER B. SKELOS, J.P. ARIEL E. BELEN PLUMMER E. LOTT JEFFREY A. COHEN, JJ.

Floyd McAllister, Staten Island, N.Y., petitioner pro se.

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the vacatur of an inmate misbehavior report, 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 proceeding is dismissed, without costs or disbursements.

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

SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network