| Matter of Palumbo v Ross |
| Motion No: 2007-06408 |
| Slip Opinion No: 2008 NYSlipOp 68054(U) |
| Decided on March 31, 2008 |
| 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
M68300
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, 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. By decision and order on motion dated November 16, 2007, the petitioner's motion for poor person relief was denied and the petitioner was given 120 days to pay the filing fee or the proceeding would be dismissed. 120 days have passed and the filing fee has not been paid.
Now, on the court's own motion, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court