Matter of Johnson v Braun
Motion No: 2016-13124
Slip Opinion No: 2017 NY Slip Op 77311(U)
Decided on June 16, 2017
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M232944

E/ct

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-13124

In the Matter of Johnathan Johnson, petitioner,

v Evelyn L. Braun, etc., et al., respondents.

DECISION & ORDER ON MOTION

Renewed motion by the petitioner in a proceeding pursuant to CPLR article 78 in the nature of mandamus, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the petitioner's time to pay the filing fee as directed by a decision and order on motion of this Court dated March 21, 2017, is extended, and in the event that the filing fee has not been paid on or before September 19, 2017, the proceeding shall be dismissed (see CPLR 1101[d]).

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court