| IN THE MATTER OF RONALD JACKSON V SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY . |
| Motion No: OP 11-01697 |
| Slip Opinion No: 2011 NY Slip Op 84386(U) |
| Decided on September 19, 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 11-01697
| IN THE MATTER OF RONALD JACKSON, PETITIONER, V SUPERINTENDENT,
ATTICA CORRECTIONAL FACILITY, ET AL., RESPONDENTS. |
Petitioner having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person and for assignment of counsel,
Now, upon reading and filing the statements of Ronald Jackson dated August 15, 2011, July 5, 2011, and July 1, 2011, the notice of motion with proof of service thereof, the proposed order to show cause, and the petition dated July 1, 2011, and July 5, 2011, 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, in the event that the filing fee of three hundred fifteen dollars has not been paid within 120 days from the date of this order, this proceeding shall be dismissed without further order (see CPLR 1101 [d]).
Entered: September 19, 2011
Patricia L. Morgan, Clerk