| Matter of Spaulding v Cacace |
| Motion No: 2007-01443 |
| Slip Opinion No: 2007 NYSlipOp 67928(U) |
| Decided on April 23, 2007 |
| 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
M53588
E/cb
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2007-01443 In the Matter of Leighton Spaulding, petitioner, v Susan Cacace, etc., respondent. (Index No. 23670-06)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
PRUDENTI, P.J., FISHER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court