Opinion
Motion No: OP 12-01459
01-09-2013
IN THE MATTER OF DAVID DALE, PETITIONER, v. HON. CHRISTOPHER J. BURNS, JUSTICE OF SUPREME COURT, AND HON. FRANK A. SEDITA, III, DISTRICT ATTORNEY, ERIE COUNTY, RESPONDENTS.
PRESENT: , J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
Petitioner having moved for permission to proceed as a poor person in this CPLR article 78 proceeding, for a stay pursuant to CPLR 7805 and for other relief,
Now, upon reading and filing the affidavits of David Dale sworn to November 26, 2012, and December 17, 2012, the notice of motion with proof of service thereof, and the affidavit of Donna A. Milling, Esq., sworn to December 27, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and the motion is otherwise denied.
Frances E. Cafarell, Clerk