| IN THE MATTER OF TROY LEE KENNEDY V HON. THOMAS G. LEONE, COUNTY COURT JUDGE, CAYUGA COUNTY, AND JON E. BUDELMANN |
| Motion No: OP 19-01419 |
| Slip Opinion No: 2019 NY Slip Op 79688(U) |
| Decided on September 5, 2019 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
OP 19-01419
| IN THE MATTER OF TROY LEE KENNEDY, PETITIONER, V HON. THOMAS G.
LEONE, COUNTY COURT JUDGE, CAYUGA COUNTY, AND JON E. BUDELMANN, DISTRICT ATTORNEY, CAYUGA
COUNTY, RESPONDENTS. |
Petitioner having moved for permission to proceed as a poor person for the purpose of commencing this CPLR article 78 proceeding and for assignment of counsel,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks poor person relief on the ground that the facts as set forth by petitioner fail to demonstrate merit to the proceeding, and
It is further ORDERED the petition is dismissed unless the requisite filing fee is paid within 120 days (see CPLR 1101 [d]), and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available.
Entered: September 5, 2019
Mark W. Bennett
Clerk of the Court