| IN THE MATTER OF ANTHONY ROUNDTREE V SARA SHELDON SPERRAZZA, NIAGARA COUNTY JUDGE, MATTHEW J. MURPHY, III, DISTRICT |
| Motion No: OP 08-02398 |
| Slip Opinion No: 2008 NYSlipOp 91715(U) |
| Decided on December 10, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 08-02398
| IN THE MATTER OF ANTHONY ROUNDTREE, PETITIONER, V SARA
SHELDON SPERRAZZA, NIAGARA COUNTY JUDGE, MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, COUNTY OF NIAGARA, AND LISA M. BAEHRE, ASSISTANT
DISTRICT ATTORNEY, RESPONDENTS. |
Petitioner having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person,
Now, upon reading and filing the affidavit of Anthony Roundtree sworn to November 12, 2008, the notice of petition with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, denied for lack of merit (see Matter of State of New York v King, 36 NY2d 59, 62 [1975]; see also Matter of Oglesby v McKinney, 28 AD3d 153, 157 [2006], affd 7 NY3d 561 [2006]).
Entered: December 10, 2008
JoAnn M. Wahl, Clerk