| IN THE MATTER OF MARK MITCHELL V THE HONORABLE RICHARD C. KLOCH, SR. |
| Motion No: OP 11-01043 |
| Slip Opinion No: 2011 NY Slip Op 79246(U) |
| Decided on July 21, 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: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.
DOCKET NO. OP 11-01043
| IN THE MATTER OF MARK MITCHELL, PETITIONER, V THE HONORABLE
RICHARD C. KLOCH, SR., RESPONDENT. |
Petitioner having moved for permission to commence an original proceeding, pursuant to CPLR article 78, in the Court as a poor person, and for other relief,
Now, upon reading and filing the affidavits of Mark Mitchell sworn to May 11, 2011, the verified petition sworn to May 11, 2011, the proposed order to show cause, 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, and
It is further ORDERED that this proceeding will be dismissed, without further order, if the requisite filing fee is not paid within 120 days of the date of this order.
Entered: July 21, 2011
Patricia L. Morgan, Clerk