IN THE MATTER OF FARID POPAL V HONORABLE GERALD J. WHALEN, JUSTICE, NEW YORK STATE SUPREME COURT, COUNTY OF ERIE
Motion No: OP 12-00066
Slip Opinion No: 2012 NY Slip Op 62936(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.


January 26, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. OP 12-00066

IN THE MATTER OF FARID POPAL, PETITIONER,

V

HONORABLE GERALD J. WHALEN, JUSTICE,

NEW YORK STATE SUPREME COURT, COUNTY OF ERIE,

RESPONDENT.


Appellant having moved for permission to commence this CPLR article 78 proceeding in this Court as a poor person, and for other relief,

Now, upon reading and filing the affidavits of Farid Popal sworn to December 26, 2011, the proposed order to show cause, and the verified petition sworn to December 26, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, and

It is further ORDERED that the 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