| IN THE MATTER OF JEFFREY M. CULBREATH V NEW YORK STATE SUPREME COURT, COUNTY OF ERIE |
| Motion No: OP 11-02484 |
| Slip Opinion No: 2012 NY Slip Op 62931(U) |
| Decided on January 26, 2012 |
| 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 11-02484
| IN THE MATTER OF JEFFREY M. CULBREATH, PETITIONER, V NEW YORK
STATE SUPREME COURT, COUNTY OF ERIE, RESPONDENT. |
Petitioner having moved for permission to commence this CPLR article 78 proceeding in this Court as a poor person,
Now, upon reading and filing the affidavits of Jeffrey M. Culbreath sworn to November 22, 2011, and December 8, 2011, the notice of motion with proof of service thereof, the proposed order to show cause, and the verified petition sworn to November 29, 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 this proceeding will be dismissed, without further order, if the filing fee of three hundred fifteen dollars is not paid within 120 days of the date of this order.
Entered: January 26, 2012
Frances E. Cafarell, Clerk