| IN THE MATTER OF MICHAEL FLAX V HONORABLE PENNY M. WOLFGANG, ERIE COUNTY SUPREME COURT JUDGE |
| Motion No: OP 15-01863 |
| Slip Opinion No: 2015 NY Slip Op 93091(U) |
| Decided on December 8, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. OP 15-01863
| IN THE MATTER OF MICHAEL FLAX, PETITIONER, V HONORABLE PENNY
M. WOLFGANG, ERIE COUNTY SUPREME COURT JUDGE, RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person on a CPLR article 78 proceeding,
Now, upon reading and filing the affidavit of Michael Flax sworn to October 28, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that petitioner failed to set forth facts to demonstrate merit to the proceeding, and
It is further ORDERED that the proceeding will be dismissed unless the requisite filing fee is paid within 120 days (see CPLR 1101 [d]).
Memorandum: The petitioner fails to set forth sufficient facts to demonstrate that he filed his petition in accordance with CPLR § 304, or that he complied with the dictates of the order to show cause, including proof of service as directed by Supreme Court in its order dated March 6, 2015.
Entered: December 8, 2015
Frances E. Cafarell, Clerk