| MATTER OF CHARLES DINGLE, - V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 07-01302 |
| Slip Opinion No: 2007 NYSlipOp 81137(U) |
| Decided on October 15, 2007 |
| 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: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01302
| MATTER OF CHARLES DINGLE, PETITIONER-APPELLANT , V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, 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 entered in the Office of the Clerk of the County of Wyoming on June 6, 2007,
Now, upon reading and filing the affidavit of Charles A. Dingle sworn to
September 21, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before November 15, 2007 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on all parties and the Wyoming County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).
Entered: October 15, 2007
JoAnn M. Wahl, Clerk