In the Matter of the Application of James Rizzo

Motion No: M-210

Slip Opinion No: 2020 NYSlipOp 62567(U)

Decided on February 11, 2020

Appellate Division, First 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.

February 11, 2020

In the Matter of the Application of

James Rizzo,

Petitioner-Appellant,

For a Judgment Pursuant to Article

78 of the Civil Practice Law and Rules

v Cyrus Vance, New York County

District Attorney,

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about December 13, 2019, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, for the assignment of counsel, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: February 11, 2020

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Ellen Gesmer Anil C. Singh, Justices

M-210

Ind. No. 101208/19