IN THE MATTER OF THE APPLICATION OF KEVIN HARVEY V SUPREME COURT, MONROE COUNTY (HON. JUSTICE STEPEHN T. MILLER)
2026 NY Slip Op 68949(U)
May 12, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
IN THE MATTER OF THE APPLICATION OF KEVIN HARVEY, PETITIONER,
v
SUPREME COURT, MONROE COUNTY (HON. JUSTICE STEPEHN T. MILLER), MONROE COUNTY DISTRICT ATTORNEY, RESPONDENTS.
Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department
May 12, 2026
OP 26-00631
Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.
[*1]Petitioner having moved for a waiver of costs, fees, and expenses for the purpose of commencing a proceeding in this Court pursuant to CPLR article 78,
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 insofar as it seeks a waiver of costs, fees, and expenses 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 12, 2026
Ann Dillon Flynn
Clerk of the Court