| IN THE MATTER OF ALAN J. HOROWITZ V HONORABLE BERNADETTE T. CLARK, J.S.C. |
| Motion No: OP 20-01687 |
| Slip Opinion No: 2021 NY Slip Op 61302(U) |
| Decided on February 2, 2021 |
| 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, PERADOTTO, AND CARNI, JJ.
OP 20-01687
| IN THE MATTER OF ALAN J. HOROWITZ, PETITIONER, V HONORABLE
BERNADETTE T. CLARK, J.S.C., RESPONDENT. |
Petitioner having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person by order to show cause,
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 to commence this original proceeding as a poor person by order to show cause, inasmuch as 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: February 2, 2021
Mark W. Bennett
Clerk of the Court