| IN THE MATTER OF GARY H. MOORE V HONORABLE JAMES H. DILLON, JUSTICE, SUPREME COURT, ERIE COUNTY |
| Motion No: OP 11-00661 |
| Slip Opinion No: 2011 NY Slip Op 73910(U) |
| Decided on May 25, 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, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. OP 11-00661
| IN THE MATTER OF GARY H. MOORE, PETITIONER, V HONORABLE JAMES
H. DILLON, JUSTICE, SUPREME COURT, ERIE COUNTY, RESPONDENT. |
Petitioner having moved for permission to commence an original proceeding in this Court as a poor person against the Honorable James H. Dillon,
Now, upon reading and filing the affidavits of Gary H. Moore sworn to March 28, 2011, and the notices of motion and petition with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding (see CPLR 1101 [a]), and
It is further ORDERED that in the event that the requisite 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 1001 [d]).
Entered: May 25, 2011
Patricia L. Morgan, Clerk