| IN THE MATTER OF DYVON MCKINNON V HON. ANTHONY F. ALOI, ONONDAGA COUNTY COURT JUDGE AND WILLIAM J. FITZPATRICK |
| Motion No: OP 17-00223 |
| Slip Opinion No: 2017 NY Slip Op 65796(U) |
| Decided on March 1, 2017 |
| 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, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. OP 17-00223
| IN THE MATTER OF DYVON MCKINNON, PETITIONER, V HON. ANTHONY F.
ALOI, ONONDAGA COUNTY COURT JUDGE AND WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, ONONDAGA COUNTY,
RESPONDENTS. |
Petitioner having moved by order to show cause for permission to commence a CPLR article 78 proceeding as a poor person,
Now, upon reading and filing the affidavit of Dyvon McKinnon sworn to January 4, 2017, the verified petition and supporting papers sworn to January 4, 2017, 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 the facts set forth by petitioner fail to demonstrate merit to the proceeding, and
It is further ORDERED that the proceeding is dismissed unless the requisite filing fee is paid within 120 days (see CPLR 1101 [d]).
Entered: March 1, 2017
Frances E. Cafarell, Clerk