Opinion
CA 02-01232
July 3, 2003.
Appeal from an order of Supreme Court, Erie County (Flaherty, J.), entered December 21, 2001, which dismissed petitioner's order to show cause seeking vacatur of the memorandum decision underlying the judgment entered September 10, 2001 (appeal No. 1).
JAMES PENNINGTON, PETITIONER-APPELLANT PRO SE.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (STEVEN MEYER OF COUNSEL), RESPONDENTS-RESPONDENTS PRO SE.
PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, KEHOE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same Memorandum as in Matter of Pennington v. Clark ([appeal No. 1] 307 A.D.2d 756 [July 3, 2003]).