| 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 69109(U) |
| Decided on April 15, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. OP 10-00508
| IN THE MATTER OF JOHN BANCHS RIVERA, PETITIONER, V ALEX R.
RENZI, SUPREME COURT JUSTICE, RESPONDENT. |
Petitioner having renewed the motion for permission to proceed as a poor person on the article 78 proceeding filed at this Court on January 8, 2010,
Now, upon reading and filing the affidavit of John Banchs Rivera sworn to March 16, 2010, the notice of motion with proof of service thereof, the statement of Gary M. Levine, Esq. dated March 31, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Petitioner's affidavit fails to make a showing of "sufficient facts so that the merit of the contentions can be ascertained" (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Entered: April 15, 2010
Patricia L. Morgan, Clerk