| IN THE MATTER OF MICHAEL J. HILL V HON. MATTHEW J. MURPHY, III, NIAGARA COUNTY COURT, DOREEN M. HOFFMANN, ASSISTANT |
| Motion No: OP 18-00384 |
| Slip Opinion No: 2018 NY Slip Op 68936(U) |
| Decided on April 4, 2018 |
| 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. OP 18-00384
| IN THE MATTER OF MICHAEL J. HILL, PETITIONER, V HON. MATTHEW J.
MURPHY, III, NIAGARA COUNTY COURT, DOREEN M. HOFFMANN, ASSISTANT DISTRICT ATTORNEY, NIAGARA COUNTY, AND CAROLINE A. WOJTASZEK,
DISTRICT ATTORNEY, NIAGARA COUNTY, RESPONDENTS. |
Petitioner having moved for permission to proceed as a poor person and assignment of counsel in this CPLR article 78 proceeding commenced in this Court,
Now, upon reading and filing the affidavits of Michael J. Hill sworn to January 18, 2018, and January 24, 2018, 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 insofar as it seeks poor person relief on the ground that the facts as set forth by petitioner fail to demonstrate merit to the proceeding, and
It is further ORDERED that the petition is dismissed unless the requisite filing fee is paid within 120 days (see CPLR 1101 [d]), and
It is further ORDERED that the motion is denied insofar as it seeks assignment of counsel.
Memorandum: Assignment of counsel is not available.
Entered: April 4, 2018
Mark W. Bennett, Clerk