| Matter of Hurley v Blumenfeld |
| Motion No: 2008-06305 |
| Slip Opinion No: 2008 NYSlipOp 81848(U) |
| Decided on September 5, 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
M75238
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2008-06305 In the Matter of Jonathan Hurley, petitioner, v Joel L. Blumenfeld, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus , and 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 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 motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
FISHER, J.P., BALKIN, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court