IN THE MATTER OF TINA LYNNE WAGONER V HON. RONALD D. PLOETZ, CATTARAUGUS COUNTY COURT JUDGE, LORI PETTIT-RIEMAN
Motion No: OP 18-00405
Slip Opinion No: 2018 NY Slip Op 72800(U)
Decided on May 15, 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.


May 15, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. OP 18-00405

IN THE MATTER OF TINA LYNNE WAGONER, PETITIONER,

V

HON. RONALD D. PLOETZ, CATTARAUGUS COUNTY COURT JUDGE, LORI

PETTIT-RIEMAN, DISTRICT ATTORNEY, CATTARAUGUS COUNTY,

RESPONDENT.


Petitioner having moved for permission to commence this CPLR article 78 proceeding as a poor person,

Now, upon reading and filing the affidavits of Tina Lynne Wagoner sworn to January 28, 2018, and April 10, 2018, the proposed order to show cause, the verified petition sworn to January 28, 2018, the supporting papers attached thereto, 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 for poor person relief is denied 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]).

Entered: May 15, 2018

Mark W. Bennett, Clerk