IN THE MATTER OF RYAN S. SMITH V HON. SARA S. FARAKAS, JUDGE OF THE COUNTY COURT OF THE COUNTY OF NIAGARA
Motion No: OP 13-00210
Slip Opinion No: 2013 NY Slip Op 66583(U)
Decided on March 5, 2013
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 5, 2013

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

DOCKET NO. OP 13-00210

IN THE MATTER OF RYAN S. SMITH, PETITIONER,

V

HON. SARA S. FARAKAS, JUDGE OF THE COUNTY COURT OF THE

COUNTY OF NIAGARA, RESPONDENT.


Petitioner having moved for permission to commence an original CPLR article 78 proceeding in this Court as a poor person,

Now, upon reading and filing the affirmation of Joseph J. Ferranova, Esq., received January 14, 2013, the affidavit of Ryan S. Smith sworn to January 10, 2013, 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 on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]; Matter of Tucker v Buscaglia, 262 AD2d 979).

Entered: March 5, 2013

Frances E. Cafarell, Clerk