Opinion
DOCKET NO. OP 12-01281
08-03-2012
IN THE MATTER OF ELBERT WELCH, PETITIONER, v. HONORABLE CHARLES J. HANNIGAN, FORMER NIAGARA COUNTY COURT JUDGE; HONORABLE JAMES PUNCH, ORLEANS COUNTY COURT JUDGE AS ASSIGNED TO NIAGARA COUNTY; JUDGES OF NIAGARA COUNTY COURT; MICHAEL VIOLANTE, DISTRICT ATTORNEY OF NIAGARA COUNTY; W. CONNOLLY, SUPERINTENDENT, FISHKILL CORRECTIONAL FACILITY; BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION; CHIEF ATTORNEY, GRIEVANCE COMMITTEE, FOURTH DEPARTMENT; HONORABLE HENRY J. SCUDDER, PRESIDING JUSTICE, APPELLATE DIVISION, FOURTH DEPARTMENT, RESPONDENTS.
PRESENT: , J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
Petitioner having moved for permission to commence this proceeding by order to show cause as a poor person, for the Honorable Henry J. Scudder, listed as a proposed party to this proceeding, and the justices of this Court, who are not listed as parties to this proceeding, to recuse themselves, and for this Court to transfer to another department of the appellate division this CPLR article 78 proceeding seeking, among other things, disclosure of records, if any, relating to the conduct or discipline of certain attorneys, which are within the statutory jurisdiction of this Court (see Judiciary Law § 90 [10]; see also 22 NYCRR 1022.36),
Now, upon reading and filing the affidavits of Elbert Welch sworn to May 17, 2012, June 12, 2012, and June 28, 2012, the verified petition sworn to May 17, 2012, the proposed order to show cause and notice of petition, the notice of motion with proof of service thereof, the statement of Gary H. Lisowski, Esq., dated June 21, 2012, and the statement of Brett C. Granville, Esq., dated July 6, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to recuse Justice Smith is referred to Justice Smith, who makes the following decision: Motion denied, and
It is further ORDERED that the motion insofar as it seeks to recuse Justice Centra is referred to Justice Centra, who makes the following decision: Motion denied, and
It is further ORDERED that the motion insofar as it seeks to recuse Justice Fahey is referred to Justice Fahey, who makes the following decision: Motion denied, and
It is further ORDERED that the motion insofar as it seeks to recuse Justice Carni is referred to Justice Carni, who makes the following decision: Motion denied, and
It is further ORDERED that the motion insofar as it seeks to recuse Justice Lindley is referred to Justice Lindley, who makes the following decision: Motion denied, and
It is further ORDERED that the motion insofar as it seeks to transfer this proceeding is denied, and
It is further ORDERED that the motion insofar as it seeks to proceed as a poor person is denied, on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]), and
It is further ORDERED that the proceeding will be dismissed without further order, if the requisite filing fee is not paid within 120 days of the date of this order, and
It is further ORDERED that the motion insofar as it seeks to recuse the other justices of this Court is dismissed as premature and unnecessary.
Frances E. Cafarell, Clerk