Gomez v. Evangelista

Order, Supreme Court, New York County (Emily Goodman, J.), entered September 14, 2000, in which the court declared that CPLR 1101 (f) violated petitioner’s right to equal protection of the law under the United States and New York Constitutions, unanimously reversed, on the law, without costs, and the matter remanded for further proceedings in accordance with the decision herein.

CPLR 1101 (f), which was added in 1999 as part of the Governor’s Prisoner Litigation Reform Act, provides that an inmate may seek to commence an action or proceeding by paying a reduced fee, which shall be not less…