Hill v. Murphy

Full title: IN THE MATTER OF MICHAEL J. HILL, PETITIONER, v. HON. MATTHEW J. MURPHY…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 4, 2018

2018 N.Y. Slip Op. 68936 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. OP 18-00384

04-04-2018

IN THE MATTER OF MICHAEL J. HILL, PETITIONER, v. HON. MATTHEW J. MURPHY, III, NIAGARA COUNTY COURT, DOREEN M. HOFFMANN, ASSISTANT DISTRICT ATTORNEY, NIAGARA COUNTY, AND CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, NIAGARA COUNTY, RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Petitioner having moved for permission to proceed as a poor person and assignment of counsel in this CPLR article 78 proceeding commenced in this Court,

Now, upon reading and filing the affidavits of Michael J. Hill sworn to January 18, 2018, and January 24, 2018, 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 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]), and

It is further ORDERED that the motion is denied insofar as it seeks assignment of counsel.

Memorandum: Assignment of counsel is not available.

Entered: April 4, 2018

Mark W. Bennett, Clerk