Matter of Johnson v Braun
Motion No: 2016-13124
Slip Opinion No: 2017 NY Slip Op 89814(U)
Decided on October 19, 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

M239430

U/afa

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

Proceeding pursuant to CPLR article 78 in the nature of mandamus. By decision and order on motion of this Court dated June 16, 2017, the petitioner's motion for leave to prosecute the proceeding as a poor person was denied, and the petitioner was directed to pay the filing fee on or before September 19, 2017. The petitioner has not paid the filing fee.

Now, on the Court's own motion, it is

ORDERED that the proceeding is dismissed without costs or disbursements (see CPLR 1101[d]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court