| IN THE MATTER OF JESSIE J. BARNES V HONORABLE JEREMIAH J. MORIARTY, III, JUDGE, COURT OF CLAIMS |
| Motion No: OP 11-01006 |
| Slip Opinion No: 2011 NY Slip Op 74366(U) |
| Decided on May 27, 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 11-01006
| IN THE MATTER OF JESSIE J. BARNES, PETITIONER, V HONORABLE
JEREMIAH J. MORIARTY, III, JUDGE, COURT OF CLAIMS, RESPONDENT. |
Petitioner 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 Jessie J. Barnes sworn to March 17, 2011, and the notice of motion 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, and
It is further ORDERED that this proceeding will be dismissed without further order if the three hundred fifteen dollar filing fee is not paid within 120 days of the date of this order.
Entered: May 27, 2011
Patricia L. Morgan, Clerk