| IN THE MATTER OF MICHAEL FLAX V HONORABLE PENNY M. WOLFGANG, SUPREME COURT JUSTICE, ERIE COUNTY |
| Motion No: OP 15-01863 |
| Slip Opinion No: 2016 NY Slip Op 62063(U) |
| Decided on January 21, 2016 |
| 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: WHALEN, 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, SUPREME COURT JUSTICE, ERIE COUNTY, RESPONDENT. |
Petitioner having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals the order of this Court entered December 8, 2015,
Now, upon reading and filing the affidavit of Michael Flax sworn to December 14, 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.
Entered: January 21, 2016
Frances E. Cafarell, Clerk