IN THE MATTER OF PEDRO VEGA V DONALD SELSKY, DIRECTOR OF SPECIAL HOUSING UNIT/INMATE DISCIPLINARY PROGRAM, NEW YORK
Motion No: CA 07-02698
Slip Opinion No: 2008 NYSlipOp 62440(U)
Decided on January 28, 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.


January 28, 2008

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

DOCKET NO. CA 07-02698

IN THE MATTER OF PEDRO VEGA, PETITIONER-APPELLANT,

V

DONALD SELSKY, DIRECTOR OF SPECIAL HOUSING UNIT/INMATE

DISCIPLINARY PROGRAM, NEW YORK STATE DEPARTMENT OF

CORRECTIONS, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on September 17, 2007,

Now, upon reading and filing the affidavit of Pedro Vega sworn to December 19, 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 28, 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 Erie County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).

Entered: January 28, 2008

JoAnn M. Wahl, Clerk