Abreu v. Hutchings

Appeal from an order of the Supreme Court (O’Shea, J.), entered March 24, 2009 in Chemung County, which, among other things, dismissed plaintiffs complaint for failure to file an attorney’s certificate of merit pursuant to CPLR 1101 (b).

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…