| Matter of Caroselli v Lott |
| Motion No: 2007-07891 |
| Slip Opinion No: 2007 NYSlipOp 79563(U) |
| Decided on September 27, 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
M60465
E/nl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2007-07891 In the Matter of Dino Caroselli, petitioner, v Plummer Lott, etc., respondent. (Index No. 5319/84)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to direct the respondent Plummer Lott, a Justice of the Supreme Court, Kings County, to issue an order vacating an order of the same court dated May 17, 2007, denying the petitioner's motion pursuant to CPL 440, and application by the petitioner, in effect, for poor person relief.
Upon the papers filed in support of the petition and the application, and the papers filed in opposition thereto, it is
ORDERED that the application is denied; and it is further,
ORDERED that in the event 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 application for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
RITTER, J.P., SANTUCCI, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court