| IN THE MATTER OF ELWELL MCPHAIL V HON. DOUGLAS A. RANDALL, MONROE COUNTY COURT, MICHELE R. CRAIN, AND TIMOTHY P. |
| Motion No: OP 22-00117 |
| Slip Opinion No: 2022 NY Slip Op 62540(U) |
| Decided on February 15, 2022 |
| 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 22-00117
| IN THE MATTER OF ELWELL MCPHAIL, PETITIONER, V HON.
DOUGLAS A. RANDALL, MONROE COUNTY COURT, MICHELE R. CRAIN, AND TIMOTHY P. DONAHER, MONROE COUNTY PUBLIC DEFENDER,
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: February 15, 2022
Ann Dillon Flynn
Clerk of the Court