| IN THE MATTER OF WALLACE DRAKE V JOSEPH E. FAHEY, ONONDAGA COUNTY COURT JUDGE AND KELLY REDMORE, CLERK OF THE ONONDAGA |
| Motion No: OP 12-01200 |
| Slip Opinion No: 2012 NY Slip Op 82249(U) |
| Decided on August 16, 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., PERADOTTO, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. OP 12-01200
| IN THE MATTER OF WALLACE DRAKE, PETITIONER,
V JOSEPH E. FAHEY, ONONDAGA COUNTY COURT JUDGE AND KELLY REDMORE, CLERK OF THE ONONDAGA COUNTY COURT,
RESPONDENTS. |
Petitioner having moved for permission to commence this CPLR article 78 proceeding as a poor person, for reduced filing fees pursuant to CPLR 1101 (f), and for other relief,
Now, upon reading and filing the affidavit of Wallace Drake sworn to June 14, 2012, the notice of motion with proof of service thereof, the proposed order to show cause, the petition, and all supporting papers submitted therewith, 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: August 16, 2012
Frances E. Cafarell, Clerk