IN RE: Piru UMOJA (2014)

IN RE: Piru UMOJA, petitioner, v. Desmond GREEN, etc., respondent.

Decided: September 17, 2014

MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.

Piru Umoja, Attica, N.Y., petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael A. Berg of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Desmond Green, a Justice of the Supreme Court, Richmond County, to determine a motion pursuant to CPL 440.10 in the criminal action entitled People v. Umoja, commenced in the Supreme Court, Kings County, under Indictment No. 107/05, 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 petition is denied as academic and the proceeding is dismissed, without costs or disbursements.

The instant proceeding has been rendered academic in light of the determination of the subject motion in an order of the Supreme Court, Kings County, dated August 15, 2014.

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