| 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: 2011 NY Slip Op 63804(U) |
| Decided on February 8, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, 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 renewed this motion 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 having moved for other relief,
Now, upon reading and filing the affidavits of Bernabe Encarnacion sworn to January 25, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied and the motion is otherwise dismissed as unnecessary.
Memorandum: Appellant failed to file and serve 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: February 8, 2011
Patricia L. Morgan, Clerk