Sledge v. Hesson

—Crew III, J.P.

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered October 23, 2000 in Tompkins County, which, inter alia, denied plaintiffs motion for poor person status.

The underlying facts of this case are set forth in our prior decision (274 AD2d 777), wherein we concluded that although Supreme Court did not abuse its discretion in denying plaintiff, a prison inmate, poor person relief, it did err in dismissing the complaint inasmuch as this action for negligence and medical malpractice “was never actually commenced” (id. at 777-778). Upon remittal, plaintiff again…