| People ex rel. Wieners v Lape |
| Motion No: 2005-10333 |
| Slip Opinion No: 2006 NYSlipOp 66748(U) |
| Decided on April 7, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M38122
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-10333 The People, etc., ex rel. Anthony Wieners, petitioner, v William Lape, etc., respondent.
| DECISION & ORDER ON MOTION |
Application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated November 15, 2005, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated November 15, 2005, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court