IN THE MATTER OF JOHN BANCHS RIVERA V ALEX R. RENZI, SUPREME COURT JUSTICE
Motion No: OP 10-00508
Slip Opinion No: 2010 NY Slip Op 65905(U)
Decided on March 12, 2010
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.


March 12, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. OP 10-00508

IN THE MATTER OF JOHN BANCHS RIVERA, PETITIONER,

V

ALEX R. RENZI, SUPREME COURT JUSTICE, RESPONDENT.


Petitioner having moved for permission to proceed as a poor person on the article 78 petition filed at this Court on January 8, 2010,

Now, upon reading and filing the statement of John Banchs Rivera dated February 12, 2010, the notice of motion with proof of service thereof, the opposing statement of Leslie Swift dated March 3, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, with leave to renew on or before April 12, 2010 upon the filing of an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained and the amount and sources of petitioner's income and proof of service on all parties and the County Attorney of the County in which the action was tried (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).

Entered: March 12, 2010

Patricia L. Morgan, Clerk