| IN THE MATTER OF JAMES J. CUNNINGHAM V HONORABLE SHEILA A. DITULLIO |
| Motion No: OP 09-00366 |
| Slip Opinion No: 2009 NYSlipOp 65622(U) |
| Decided on March 3, 2009 |
| 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 09-00366
| IN THE MATTER OF JAMES J. CUNNINGHAM, PETITIONER, V HONORABLE
SHEILA A. DITULLIO, RESPONDENT. |
Petitioner having moved for permission to commence a CPLR article 78 proceeding in this Court,
Now, upon reading and filing the affidavit of James A. Cunningham sworn to February 16, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before April 3, 2009, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of indigency (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: March 3, 2009
JoAnn M. Wahl, Clerk