| IN THE MATTER OF ANDRE T. MCCANTS, V HON. GAIL A. DONOFRIO, SUPREME COURT JUSTICE, MONROE COUNTY, AND ELEANOR BIGGERS |
| Motion No: OP 13-00902 |
| Slip Opinion No: 2013 NY Slip Op 80005(U) |
| Decided on July 18, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. OP 13-00902
| IN THE MATTER OF ANDRE T. MCCANTS, PETITIONER V
HON. GAIL A. DONOFRIO, SUPREME COURT JUSTICE, MONROE COUNTY, AND ELEANOR BIGGERS, ASSISTANT DISTRICT ATTORNEY,
RESPONDENTS. |
Petitioner having moved for permission to commence this CPLR article 78 proceeding as a poor person,
Now, upon reading and filing the affidavit of Andre T. McCants sworn to April 12, 2013, and May 2, 2013, the notice of motion with proof of service thereof, the proposed order to show cause, and the verified petition sworn to April 12, 2013, 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 the proceeding will be dismissed unless the filing fee of $315 is paid within 120 days of the date of this order.
Entered: July 18, 2013
Frances E. Cafarell, Clerk