| IN THE MATTER OF TYRONE POWELL V HON. PENNY M. WOLFGANG, JUSTICE OF ERIE COUNTY SUPREME COURT, AND OLIVER C. YOUNG |
| Motion No: OP 11-00019 |
| Slip Opinion No: 2011 NY Slip Op 66504(U) |
| Decided on March 10, 2011 |
| 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 11-00019
| IN THE MATTER OF TYRONE POWELL, PETITIONER, V HON. PENNY M.
WOLFGANG, JUSTICE OF ERIE COUNTY SUPREME COURT, AND OLIVER C. YOUNG, ESQ., PRINCIPAL COURT ATTORNEY,
RESPONDENTS. |
Petitioner having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person, and for other relief,
Now, upon reading and filing the affidavits of Tyrone Powell sworn to December 24, 2010, and November 15, 2010, the verified petition sworn to November 15, 2010, the proposed order to show cause, the notice of motion with proof of service thereof, and the statement of Paul D. Fuller, Esq. dated December 21, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that petitioner has failed to demonstrate merit to the proceeding (see CPLR 1101 [a]), and
It is further ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed without further order (see CPLR 1101 [d]).
Entered: March 10, 2011
Patricia L. Morgan, Clerk