| MATTER OF DAVID OHNMACHT, V THOMAS POOLE, SUPERINTENDENT, . |
| Motion No: CA 08-00287 |
| Slip Opinion No: 2008 NYSlipOp 67667(U) |
| Decided on March 24, 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 08-00287
| MATTER OF DAVID OHNMACHT, PETITIONER-RESPONDENT-APPELLANT,
V THOMAS POOLE, SUPERINTENDENT, RESPONDENT-APPELLANT-RESPONDENT. |
Respondent-appellant having moved for permission to proceed as a poor person on the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on February 8, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of David Ohnmacht sworn to
February 10, 2008, 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 April 24, 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 Seneca County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).
Entered: March 24, 2008
JoAnn M. Wahl, Clerk