| BERNABE ENCARNACION V JUDITH BIANCHI, COURT STENOTYPE REPORTER, SUSAN M. DWYER, CAYUGA COUNTY CLERK'S OFFICE, AND KELLY |
| Motion No: CA 10-02270 |
| Slip Opinion No: 2010 NY Slip Op 91668(U) |
| Decided on December 16, 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. CA 10-02270
| BERNABE ENCARNACION, PETITIONER-APPELLANT, V JUDITH BIANCHI,
COURT STENOTYPE REPORTER, SUSAN M. DWYER, CAYUGA COUNTY CLERK'S OFFICE, AND KELLY J. WEJKO, CHIEF ADMINISTRATOR CLERK,
RESPONDENTS-RESPONDENTS. |
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 Cayuga on August 30, 2010, and for other relief,
Now, upon reading and filing the affidavit of Bernabe Encarnacion sworn to November 9, 2010, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew upon the filing and service of a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: December 16, 2010
Patricia L. Morgan, Clerk