PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-00566

MATTER OF NEHEMIAH NASH, PETITIONER-APPELLANT, V BRIAN FISCHER, ANTHONY ANNUCCI, LUCIEN J. LECLAIRE, JR., DONALD VENETTUZZI, JOHN H. NUTTALL, LESTER N. WRIGHT, AND THERESA DAVID, RESPONDENTS-RESPONDENTS.

Appellant having moved for permission to proceed as a poor person and for permission to appeal to this Court from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 31, 2008,

Now, upon reading and filing the affidavit of Nehemiah Nash sworn to February 21, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, denied, with leave to renew on or before June 13, 2008 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on the Attorney General and the Seneca County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]), and

It is further ORDERED that the motion for permission to appeal is denied.

Memorandum: Insofar as petitioner seeks permission to appeal from the judgment of Supreme Court, the motion is denied because the appeal lies as of right. Petitioner has 30 days from service of this Court's order with notice of entry thereof to file and serve a notice of appeal (see CPLR 5514 [a]).

Entered: May 15, 2008

JoAnn M. Wahl, Clerk