| PEOPLE EX REL. JAMES DAVIS V GEORGE B. ALEXANDER, CHAIRMAN NYS DIVISION OF PAROLE |
| Motion No: CA 07-02266 |
| Slip Opinion No: 2007 NYSlipOp 83612(U) |
| Decided on November 13, 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 07-02266
| PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES DAVIS,
PETITIONER-APPELLANT, V GEORGE B. ALEXANDER, CHAIRMAN NYS DIVISION OF PAROLE,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the County Court entered in the Office of the Clerk of the County of Erie on August 6, 2007, and for assignment of counsel,
Now, upon reading and filing the affidavit of James Davis sworn to October 23, 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 December 13, 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 Erie County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).
Entered: November 13, 2007
JoAnn M. Wahl, Clerk