IN THE MATTER OF JAMAR JONES V HON. KENNETH F. CASE, ERIE COUNTY COURT, AND THE PEOPLE
Motion No: OP 13-01606
Slip Opinion No: 2013 NY Slip Op 89229(U)
Decided on October 22, 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.


October 22, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. OP 13-01606

IN THE MATTER OF JAMAR JONES, PETITIONER,

V

HON. KENNETH F. CASE, ERIE COUNTY COURT, AND THE PEOPLE OF

THE STATE OF NEW YORK, RESPONDENTS.


Petitioner having moved for permission to commence this CPLR article 78 proceeding in this Court as a poor person, and for other relief,

Now, upon reading and filing the affidavit of Jamar Jones, sworn to August 26, 2013, the verified petition of Jamar Jones sworn to August 26, 2013, the proposed order to show cause, with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: The remedy sought by petitioner is unwarranted inasmuch as CPLR

460.15 provided him with an appropriate avenue for relief (see e.g. People v Fardan, 49 AD3d 1304).

Entered: October 22, 2013

Frances E. Cafarell, Clerk