| IN THE MATTER OF JAMES MCKNIGHT V BRIAN FISCHER, ACTING COMMISSIONER, AND DONALD SELSKY, DIRECTOR, SPECIAL HOUSING |
| Motion No: CA 08-00111 |
| Slip Opinion No: 2008 NYSlipOp 61819(U) |
| Decided on January 23, 2008 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00111
| IN THE MATTER OF JAMES MCKNIGHT, PETITIONER-APPELLANT, V
BRIAN FISCHER, ACTING COMMISSIONER, AND DONALD SELSKY, DIRECTOR, SPECIAL HOUSING UNIT/INMATE DISCIPLINARY PROGRAM, NEW YORK
STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a decision of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 8, 2007, and for other relief,
Now, upon reading and filing the affidavit of James A. McKnight, III sworn to
September 11, 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 February 22, 2008 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained", proof of service on all parties and the Erie County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]), and filing of an order or judgment of Supreme Court (a decision is not appealable).
Entered: January 23, 2008
JoAnn M. Wahl, Clerk