IN RE: James Payne (2019)

Submitted—June 1, 2019

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from proceeding with an underlying criminal action entitled People v. Payne, in the Supreme Court, Nassau County, under Indictment No. 997/17, 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 CLR 8022(b) is waived, and the application is otherwise denied as academic;  and it is further,

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

After commencing this proceeding pursuant to CPLR article 78 seeking, inter alia, to prohibit the respondents from proceeding with a criminal action against him, the petitioner pleaded guilty in the underlying criminal action.  Accordingly, the petition must be denied as academic, and the proceeding must be dismissed.

MASTRO, J.P., BALKIN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court