IN THE MATTER OF MORALES MENDEZ, JR. V HONORABLE SARA SHELDON, IN HER OFFICIAL CAPACITY AS JUSTICE OF COUNTY COURT OF

IN THE MATTER OF MORALES MENDEZ, JR. V HONORABLE SARA SHELDON, IN HER OFFICIAL CAPACITY AS JUSTICE OF COUNTY COURT OF

Motion No: OP 16-01510

Slip Opinion No: 2016 NY Slip Op 85700(U)

Decided on September 14, 2016

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.

September 14, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. OP 16-01510

IN THE MATTER OF MORALES MENDEZ, JR., PETITIONER,
V
HONORABLE SARA SHELDON, IN HER OFFICIAL CAPACITY AS JUSTICE
OF COUNTY COURT OF NIAGARA COUNTY, MICHAEL J. VIOLANTE, IN
HIS OFFICIAL CAPACITY AS DISTRICT OF ATTORNEY OF THE COUNTY
OF NIAGARA, JOSEPH A. JASTRZEMSKI, IN HIS OFFICIAL CAPACITY
AS COUNTY CLERK OF THE COUNTY OF NIAGARA, WILLIAM KEITH
MCNALL, IN HIS OFFICIAL CAPACITY AS CHAIRMAN, NIAGARA
COUNTY LEGISLATURE, AND CLAUDE A. JOERG, NIAGARA COUNTY
ATTORNEY, RESPONDENTS.

Petitioner having moved for permission to proceed as a poor person on this CPLR article 78 proceeding,

Now, upon reading and filing the affidvit of Morales Mendez sworn to August 25, 2016, 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 filing and serving a new motion that includes, among other things, 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] [2]).

Entered: September 14, 2016

Frances E. Cafarell, Clerk