| IN THE MATTER OF NELSON L. RODRIGUEZ V HON. JOHN J. DELMONTE, ERIE COUNTY SUPREME COURT JUDGE, IN HIS OFFICIAL CAPACITY |
| Motion No: OP 25-01562 |
| Slip Opinion No: 2026 NY Slip Op 61234(U) |
| Decided on January 12, 2026 |
| 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.
OP 25-01562
| IN THE MATTER OF NELSON L. RODRIGUEZ, PETITIONER, V HON. JOHN J.
DELMONTE, ERIE COUNTY SUPREME COURT JUDGE, IN HIS OFFICIAL CAPACITY, RESPONDENT. |
Respondent having moved to dismiss the petition in this original CPLR article 78 proceeding, and for other relief,
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 and the petition is dismissed (see Judiciary Law § 478).
Entered: January 12, 2026
Ann Dillon Flynn
Clerk of the Court