ABREU v. HUTCHINGS

506910.

71 A.D.3d 1254 (2010)

897 N.Y.S.2d 657

CARLOS ABREU, Appellant, v. BETSY HUTCHINGS et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 11, 2010.


Plaintiff, a prison inmate, commenced this action by summons and complaint in December 2008 and, shortly thereafter, moved to proceed as a poor person. Supreme Court, in an order entered January 8, 2009, directed plaintiff to file an attorney's certificate of merit pursuant to CPLR 1101 (b) within 60 days. After plaintiff failed to submit the certificate to the court, the court thereafter denied plaintiff's application for poor person status and dismissed the action. Plaintiff...

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