| IN THE MATTER OF SCOTT A. SARACINA V HON. STEPHAN CASS, CHAUTAUGA COUNTY COURT JUDGE |
| Motion No: OP 14-02084 |
| Slip Opinion No: 2015 NY Slip Op 62500(U) |
| Decided on January 28, 2015 |
| 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 14-02084
| IN THE MATTER OF SCOTT A. SARACINA, PETITIONER, V HON. STEPHAN
CASS, CHAUTAUGA COUNTY COURT JUDGE, RESPONDENT. |
Petitioner having applied for permission to commence an original proceeding in this Court as a poor person, and for other relief,
Now, upon reading and filing the affidavit of Scott A. Saracina sworn to October 10, 2014, the verified petition sworn to October 10, 2014, 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 permission to commence an
original CPLR article 78 proceeding as a poor person 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 original proceeding that petitioner seeks to commence pursuant to CPLR article 78 will be dismissed unless the requisite filing fee of $315.00 is paid within 120 days of this order (see CPLR 1101 [d]).
Entered: January 28, 2015
Frances E. Cafarell, Clerk