| IN THE MATTER OF SHAWN APPLEBY V HONORABLE CRAIG J. DORAN |
| Motion No: OP 08-02413 |
| Slip Opinion No: 2008 NYSlipOp 91625(U) |
| Decided on December 4, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 08-02413
| IN THE MATTER OF SHAWN APPLEBY, PETITIONER, V HONORABLE CRAIG
J. DORAN, RESPONDENT. |
Petitioner having moved for permission to commence an original proceeding in this Court pursuant to CPLR article 78 as a poor person,
Now, upon reading and filing the affidavits of Shawn Appleby sworn to October 31, 2008, the proposed order to show cause, the petition verified October 31, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Mandamus does not lie inasmuch as petitioner has a remedy by way of direct appeal (see Matter of Platten v Dadd, 38 AD3d 1216 [2007], lv denied 9 NY3d 802 [2007]).
Entered: December 4, 2008
JoAnn M. Wahl, Clerk