| Matter of Hurley v Fischer |
| Motion No: 2005-04734 |
| Slip Opinion No: 2007 NYSlipOp 72593(U) |
| Decided on June 26, 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
M56377
S/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
ROBERT A. LIFSON
RUTH C. BALKIN, JJ.
|
2005-04734 In the Matter of Jonathan Hurley, petitioner, v Brian Fischer, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. 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 July 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 July 15, 2005, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
SPOLZINO, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court