IN THE MATTER OF ANDRE T. MCCANTS V HON. JAMES A. VAZZANNA, MONROE COUNTY SUPREME COURT
Motion No: OP 19-02058
Slip Opinion No: 2020 NY Slip Op 64598(U)
Decided on February 21, 2020
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.


February 21, 2020

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

OP 19-02058

IN THE MATTER OF ANDRE T. MCCANTS, PETITIONER,

V

HON. JAMES A. VAZZANNA, MONROE COUNTY SUPREME COURT,

RESPONDENT.


Petitioner having moved for reconsideration of the Court's December 2, 2019, order denying permission to proceed as a poor person for the purpose of commencing this CPLR article 78 proceeding,

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 granted insofar as it seeks reargument (denominated reconsideration), and

It is further ORDERED that, upon reargument, 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 that the petition is dismissed unless the requisite filing fee is paid within 120 days (see CPLR 1101 [d]).

Entered: February 21, 2020

Mark W. Bennett

Clerk of the Court