Opinion
MDOCKET NO. OP 13-00904
06-20-2013
IN THE MATTER OF DAMION J. SMITH, PETITIONER, v. HON. PENNY M. WOLFGANG, ERIE SUPREME COURT JUSTICE, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for permission to commence an original CPLR article 78 proceeding as a poor person, for assignment of counsel, and for other relief,
Now, upon reading and filing the affidavits of Damion J. Smith sworn to April 23, 2013, and May 14, 2013, the verified petition sworn to April 23, 2013, and the notice of motion with proof of service thereof, and the proposed order to show cause, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding (see CPLR 1101 [a]), and
It is further ORDERED that this proceeding will be dismissed, without further order, if the requisite filing fee is not paid within 120 days of the date of this Court's order determining this motion.
Frances E. Cafarell, Clerk