| IN THE MATTER OF ELBERT WELCH V THE HONORABLE JAMES P. PUNCH; MICHAEL J. VIOLANTE, NIAGARA COUNTY DISTRICT ATTORNEY; |
| Motion No: OP 12-00475 |
| Slip Opinion No: 2012 NY Slip Op 69419(U) |
| Decided on April 4, 2012 |
| 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. OP 12-00475
| IN THE MATTER OF ELBERT WELCH, PETITIONER, V THE HONORABLE
JAMES P. PUNCH; MICHAEL J. VIOLANTE, NIAGARA COUNTY DISTRICT ATTORNEY; THE HONORABLE AMY J. FRICANO; HONORABLE PETER
BRODERICK; JOHN B. LEMPKE, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY; AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES, RESPONDENTS. |
Petitioner having moved for permission to commence this CPLR article 78 proceeding in this Court as a poor person and for other relief,
Now, upon reading and filing the affidavits of Elbert Welch sworn to February 15, 2012, and March 5, 2012, the notice of motion with proof of service thereof, the proposed order to show cause, and the verified petition sworn to February 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding, and
It is further ORDERED that this proceeding will be dismissed, without further order, if the requisite filing fee is not paid within 120 days of this order.
Entered: April 4, 2012
Frances E. Cafarell, Clerk