IN THE MATTER OF LAWRENCE J. WALTER V SUSAN CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL FACILITY
Motion No: CA 07-02538
Slip Opinion No: 2007 NYSlipOp 86339(U)
Decided on December 10, 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.


December 10, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NO. CA 07-02538

IN THE MATTER OF LAWRENCE J. WALTER, PETITIONER-APPELLANT,

V

SUSAN CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 6, 2007,

Now, upon reading and filing the affidavits of Lawrence J. Walter sworn to

November 12, 2007 and November 8, 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 January 10, 2008 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).

Entered: December 10, 2007

JoAnn M. Wahl, Clerk