Opinion
DOCKET NO. OP 18-01360
09-06-2018
IN THE MATTER OF JAMES E. WASHINGTON, JR., PETITIONER, v. HON. KIM MARTUSEWICZ, SUPREME COURT JUSTICE, JEFFERSON COUNTY, AND KRISTYNA S. MILLS, DISTRICT ATTORNEY, JEFFERSON COUNTY, RESPONDENTS.
PRESENT:
Petitioner having moved for permission to commence this CPLR article 78 proceeding in this Court as a poor person,
Now, upon reading and filing the affidavit of James Washington, Jr. sworn to July 19, 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 insofar as it seeks poor person relief is denied on the ground that the facts as set forth by petitioner fail to demonstrate merit to the proceeding (see Matter of Brown v Latham, 12 AD3d 1194, 1196 [4th Dept 2004]), and
It is further ORDERED that the petition is dismissed unless the requisite filing fee is paid within 120 days (see CPLR 1101 [d]).
Entered: September 6, 2018
Mark W. Bennett, Clerk