Opinion
DOCKET NO. CA 16-00724
03-01-2017
IN THE MATTER OF FREDERICK MCMILLIAN, PETITIONER-APPELLANT, v. JOHN B. LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS.
PRESENT:
Appellant having moved for sanctions against respondents and or their attorneys, to strike respondents' brief, and for poor person relief on the appeal taken herein from a judgment (denominated order) of Supreme Court entered in the Office of the Clerk of the County of Erie on April 5, 2016,
Now, upon reading and filing the affidavits of Frederick McMillian sworn to December 30, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks sanctions and to strike the respondents' brief is denied, and
It is further ORDERED that the motion insofar as it seeks to proceed as a poor person is dismissed as unnecessary.
Memorandum: Poor person relief was previously granted to petitioner for this appeal by order of this Court entered May 26, 2016.
Entered: March 1, 2017
Frances E. Cafarell, Clerk