| IN THE MATTER OF DAVID DALE V HON. CHRISTOPHER J. BURNS, JUSTICE OF SUPREME COURT, AND HON. FRANK A. SEDITA, III |
| Motion No: OP 12-01459 |
| Slip Opinion No: 2013 NY Slip Op 60923(U) |
| Decided on January 9, 2013 |
| 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., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
DOCKET NO. OP 12-01459
| IN THE MATTER OF DAVID DALE, PETITIONER, V HON.
CHRISTOPHER J. BURNS, JUSTICE OF SUPREME COURT, AND HON. FRANK A. SEDITA, III, DISTRICT ATTORNEY, ERIE COUNTY,
RESPONDENTS. |
Petitioner having moved for permission to proceed as a poor person in this CPLR article 78 proceeding, for a stay pursuant to CPLR 7805 and for other relief,
Now, upon reading and filing the affidavits of David Dale sworn to November 26, 2012, and December 17, 2012, the notice of motion with proof of service thereof, and the affidavit of Donna A. Milling, Esq., sworn to December 27, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and the motion is otherwise denied.
Entered: January 9, 2013
Frances E. Cafarell, Clerk