Appellate Division: Second Judicial Department

M62454

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-06408 In the Matter of Robert Palumbo, petitioner, v Robert Ross, etc., et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to direct the respondent Robert Ross, a Justice of the Supreme Court, Nassau County, to issue an order vacating all prior orders in an action entitled Palumbo v Palumbo, pending in the Supreme Court, Nassau County, under Index No. 24096/97, from February 3, 2007, through the present, and motion by the petitioner for poor person relief.

Upon the papers filed in support of the petition and the motion, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

CRANE, J.P., RIVERA, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court