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In re Matter of Magee v. Subjack

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1996
234 A.D.2d 1015 (N.Y. App. Div. 1996)

Opinion

December 30, 1996.

Motion for poor person relief and assignment of counsel and motion for stay denied, and petition dismissed without costs.

Present — Green, J.P., Pine, Lawton, Balio and Davis, JJ. (Filed Dec. 9, 1996.)


This CPLR article 78 proceeding is not properly commenced. Petitioner has failed to file the fee required by CPLR 8022, and petitioner's motion for poor person relief fails to set forth facts sufficient to demonstrate a meritorious appeal ( see, CPLR 1101 [a]) and has not been served on all respondents ( see, CPLR 1101 [c]).


Summaries of

In re Matter of Magee v. Subjack

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1996
234 A.D.2d 1015 (N.Y. App. Div. 1996)
Case details for

In re Matter of Magee v. Subjack

Case Details

Full title:In the Matter of MICHAEL A. MAGEE, Petitioner, v. JAMES P. SUBJACK, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 30, 1996

Citations

234 A.D.2d 1015 (N.Y. App. Div. 1996)
651 N.Y.S.2d 765