Legal Opinion

McClain v. Grosso

Appellate Division of the Supreme Court of the State of New York

Decided July 25, 2006Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 in the nature of prohibition to enjoin Joseph A. Grosso, a Justice of the Supreme Court, Queens County, and Richard A. Brown, the Queens County District Attorney, from enforcing an order of that court dated May 26, 2006, in a criminal action entitled People v McClain, under indictment No. 955/2005, which directed the petitioner to submit to an HIV test, and application for poor person relief.

Ordered that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the…

2Cases cited4 opinions

  1. Schumer v. HoltzmanNew York Court of Appeals · 1983
  2. Doe v. ConnellAppellate Division of the Supreme Court of the State of New York · 1992
  3. Donald P. v. PalmieriAppellate Division of the Supreme Court of the State of New York · 1998
  4. In re GaringerAppellate Division of the Supreme Court of the State of New York · 2003

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