Appellate Division of the Supreme Court of the State of New York March 11, 2010 (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.