| IN THE MATTER OF GEORGE S. CRANDALL V HON. JOHN S. BALZANO, ONEIDA COUNTY DISTRICT ATTORNEY'S OFFICE, ROBERT R. |
| Motion No: OP 09-01418 |
| Slip Opinion No: 2009 NY Slip Op 81530(U) |
| Decided on August 20, 2009 |
| 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, GREEN, AND PINE, JJ.
DOCKET NO. OP 09-01418
| IN THE MATTER OF GEORGE S. CRANDALL, PETITIONER, V HON. JOHN S.
BALZANO, ONEIDA COUNTY DISTRICT ATTORNEY'S OFFICE, ROBERT R. REITTINGER (FIRST ASSISTANT PUBLIC DEFENDER), ET AL.,
RESPONDENTS. |
Appellant having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person,
Now, upon reading and filing the affidavit of George S. Crandall sworn to June 17, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: A CPLR article 78 proceeding is not the appropriate method to seek review of issues that could be raised on direct appeal (see Matter of Tyler v Forma, 231 AD2d 891 [1996]).
Entered: August 20, 2009
Patricia L. Morgan, Clerk