| IN THE MATTER OF STEVEN WISNIEWSKI V HON. JOHN MICHALSKI, SUPREME COURT, ERIE COUNTY, FRANK A. SEDITA, III, ERIE COUNTY |
| Motion No: OP 13-00015 |
| Slip Opinion No: 2013 NY Slip Op 66570(U) |
| Decided on March 4, 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: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 13-00015
| IN THE MATTER OF STEVEN WISNIEWSKI, PETITIONER, V
HON. JOHN MICHALSKI, SUPREME COURT, ERIE COUNTY, FRANK A. SEDITA, III, ERIE COUNTY DISTRICT ATTORNEY, BRIAN FISCHER,
COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTOINS AND COMMUNITY SUPERVISION, ANDREA W. EVANS, CHAIRWOMAN,
NEW YORK STATE BOARD OF PAROLE, AND ERIE COUNTY DEPARTMENT OF PROBATION,
RESPONDENTS. |
Petitioner having moved for permission to commence a proceeding in this Court, pursuant to CPLR article 7801, 7001, and 3001, as a poor person, and for other such relief,
Now, upon reading and filing the affidavit of Steven Wisniewski sworn to December 12, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks leave to commence a habeas
corpus proceeding as a poor person is denied, with leave to make a new motion for the same relief that includes a petition for a writ of habeas corpus and the other papers required under CPLR article 70 and this Court's rules, and
It is further ORDERED that the motion is otherwise denied on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding.
Entered: March 4, 2013
Frances E. Cafarell, Clerk