| IN THE MATTER OF ANTONIO HARRIS V ERIE COUNTY SURROGATE'S COURT |
| Motion No: OP 13-01402 |
| Slip Opinion No: 2013 NY Slip Op 85764(U) |
| Decided on September 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. OP 13-01402
| IN THE MATTER OF ANTONIO HARRIS, PETITIONER, V ERIE
COUNTY SURROGATE'S COURT, RESPONDENT. |
Petitioner having moved for permission to commence this CPLR article 78 proceeding as a poor person, and having moved for other relief,
Now, upon reading and filing the affidavits of Antonio Harris sworn to August 6, 2013, the notice of petition, the verified petition sworn to August 6, 2013, the notice of motion with proof of service thereof, the statement of Kate H. Nepveu, Esq., dated August 28, 2013, and the affidavit of Stanley J. Collesano, Esq., sworn to August 30, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and the petition are dismissed for lack of subject matter jurisdiction (see CPLR 506 [b] [1]; 7804 [b]; Matter of Nolan v Lungen 61 NY2d 788, 790; Matter of Pavlovic v Czajka, 27 AD3d 983; Matter of Panas v Traficanti, 147 AD2d 795, 796; Matter of Juracka v Severson, 115 AD2d 102, lv denied 67 NY2d 603).
Entered: September 18, 2013
Frances E. Cafarell, Clerk