IN THE MATTER OF ECHO WESTLEY DIXON V GOV. ANDREW M. CUOMO, ET AL
Motion No: TP 18-00194
Slip Opinion No: 2018 NY Slip Op 75759(U)
Decided on June 18, 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.


June 18, 2018

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

DOCKET NO. TP 18-00194

IN THE MATTER OF ECHO WESTLEY DIXON, PETITIONER,

V

GOV. ANDREW M. CUOMO, ET AL, RESPONDENTS.


Petitioner having moved for permission to proceed as a poor person on this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on January 23, 2018, and to reargue and/or renew the declination of an order to show cause seeking injunctive relief by a Justice of this Court, and for other relief,

Now, upon reading and filing the affidavit of Echo Westley Dixon sworn to May 14, 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 dismissed as unnecessary insofar as it seeks poor person relief, and

It is further ORDERED that the motion is dismissed insofar as it seeks habeas corpus relief on the ground that the motion fails to comply with CPLR 7002 (c) (1) (see People ex rel. Chaney v Dagostino, 137 AD3d 1436, 1437 [3d Dept 2016]), and

It is further ORDERED that the motion is otherwise denied.

Entered: June 18, 2018

Mark W. Bennett, Clerk