| MATTER OF ERNEST WEST, - V BRIAN FISCHER COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 07-01623 |
| Slip Opinion No: 2007 NYSlipOp 86340(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01623
| MATTER OF ERNEST WEST, PETITIONER-APPELLANT V BRIAN FISCHER
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, DEFENDANT-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 July 10, 2007, and for assignment of counsel,
Now, upon reading and filing the affidavit of Ernest West sworn to October 5, 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" and proof of service on all parties and the Wyoming County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).
Entered: December 10, 2007
JoAnn M. Wahl, Clerk