| IN THE MATTER OF EDDIE D. ENNIS V HONORABLE KIM H. MARTUSEWICZ |
| Motion No: OP 12-00473 |
| Slip Opinion No: 2012 NY Slip Op 85436(U) |
| Decided on September 21, 2012 |
| 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. OP 12-00473
| IN THE MATTER OF EDDIE D. ENNIS, PETITIONER, V
HONORABLE KIM H. MARTUSEWICZ, RESPONDENT. |
Appellant having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person, and for assignment of counsel,
Now, upon reading and filing the affidavit of Eddie D. Ennis sworn August 16, 2012, the notice of motion with proof of service thereof, the petition and proposed order to show cause, and the affidavit of John L. Sabik, Esq., sworn to August 31, 2012, 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 granted, and the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: September 21, 2012
Frances E. Cafarell, Clerk