| IN THE MATTER OF KEMET ALLAH FORMERLY KNOWN AS BENJAMIN LOFTON V JAMES HENDRICKS, IN HIS CAPACITY AS CHIEF CLERK |
| Motion No: CA 09-01803 |
| Slip Opinion No: 2009 NY Slip Op 84136(U) |
| Decided on September 21, 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. CA 09-01803
| IN THE MATTER OF KEMET ALLAH FORMERLY KNOWN AS BENJAMIN LOFTON,
PETITIONER-APPELLANT, V JAMES HENDRICKS, IN HIS CAPACITY AS CHIEF CLERK, SUPREME AND COUNTY COURT, SEVENTH JUDICIAL
DISTRICT, RESPONDENT-RESPONDENT, ET AL., RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 23, 2009,
Now, upon reading and filing the affirmation of Donald M. Thompson dated September 1, 2009, the affidavit of Kemet Allah sworn to August 27, 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 October 21, 2009, 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 Monroe County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: September 21, 2009
Patricia L. Morgan, Clerk