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MATTER OF MAGEE v. SUBJACK

234 A.D.2d 1015 (1996)

651 N.Y.S.2d 765

In the Matter of Michael A. Magee, Petitioner, v. James P. Subjack, as Chautauqua County District Attorney, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 30, 1996

Motion for poor person relief and assignment of counsel and motion for stay denied, and petition dismissed without costs.

Memorandum:

This CPLR article 78 proceeding is not properly commenced. Petitioner has failed to file the fee required by CPLR 8022, and petitioner's motion for poor person relief fails to set forth facts sufficient to demonstrate a meritorious appeal (see, CPLR 1101 [a]) and has not been served on all respondents (see, CPLR...

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