IN THE MATTER OF ROBERT I. SAWYER V HON. JAMES P. MCCLUSKY, JEFFERSON COUNTY SUPREME COURT, AND PATRICIA L. DZIUBA
Motion No: OP 19-02299
Slip Opinion No: 2020 NY Slip Op 61204(U)
Decided on January 13, 2020
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.


January 13, 2020

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

OP 19-02299

IN THE MATTER OF ROBERT I. SAWYER, PETITIONER,

V

HON. JAMES P. MCCLUSKY, JEFFERSON COUNTY SUPREME COURT, AND

PATRICIA L. DZIUBA, CHIEF DISTRICT ATTORNEY, JEFFERSON

COUNTY, RESPONDENTS.


Petitioner having moved to commence a CPLR article 78 proceeding as a poor person, and for other relief,

Now, upon reading and filing the papers with respect to the motion, 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]).

Entered: January 13, 2020

Mark W. Bennett

Clerk of the Court