| IN THE MATTER OF APPLICATION OF MARIO ZAHGHI V DANIEL MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT |
| Motion No: CA 25-00429 |
| Slip Opinion No: 2025 NY Slip Op 69173(U) |
| Decided on April 7, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-00429
Index No: 22,266-24
| IN THE MATTER OF APPLICATION OF MARIO ZAHGHI,
PETITIONER-APPELLANT, V DANIEL MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered February 25, 2025,
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, with leave to renew upon the filing and service of 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 1250.4 [d][2][i]).
Entered: April 7, 2025
Ann Dillon Flynn
Clerk of the Court