Opinion
Motion No: OP 11-01883
10-26-2011
IN THE MATTER OF MIGUEL CABAN, PETITIONER, v. HONORABLE MARK H. FANDRICH, ET AL., RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for mandamus and permission to commence this CPLR article 78 proceeding as a poor person,
Now, upon reading and filing the affidavit of Miguel A. Caban sworn to August 30, 2011, the verified petition sworn to August 30, 2011, and the notice of motion with proof of service thereof, 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 the proceeding will be dismissed, without further order, if the filing fee of three hundred fifteen dollars is not paid within 120 days of the of this order.
Patricia L. Morgan, Clerk