| IN THE MATTER OF WILLIAM J. COKE, SR. V HON. JAMES F. BARGNESI, ERIE COUNTY COURT JUDGE |
| Motion No: OP 16-01935 |
| Slip Opinion No: 2016 NY Slip Op 92906(U) |
| Decided on November 29, 2016 |
| 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: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, JJ.
DOCKET NO. OP 16-01935
| IN THE MATTER OF WILLIAM J. COKE, SR., PETITIONER, V HON. JAMES F.
BARGNESI, ERIE COUNTY COURT JUDGE, RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person on this CPLR article 78 proceeding, and for other relief,
Now, upon reading and filing the affidavits of William J. Coke, Sr., Esq., sworn to October 11, 2016, and the notice of motion with proof of service thereof, notice of petition and verified petition sworn to October 11, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed as a poor person is denied on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding (see CPLR 7801 [2]; see also Powell v DeRiggi, 304 AD2d 506), and
It is further ORDERED that the proceeding is dismissed unless the requisite filing fee is paid within 120 days.
Entered: November 29, 2016
Frances E. Cafarell, Clerk