IN THE MATTER OF JOHN D. J. V MICHAEL HOGAN, PhD, COMMISSIONER, NYS OFFICE OF MENTAL HEALTH, AND FRANK J. CLARK, ERIE
Motion No: CA 08-00386
Slip Opinion No: 2008 NYSlipOp 68869(U)
Decided on April 8, 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.


April 8, 2008

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

DOCKET NO. CA 08-00386

IN THE MATTER OF JOHN D. J., PETITIONER-APPELLANT,

V

MICHAEL HOGAN, PhD, COMMISSIONER, NYS OFFICE OF MENTAL

HEALTH, AND FRANK J. CLARK, ERIE COUNTY DISTRICT ATTORNEY,

RESPONDENTS-RESPONDENTS.


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 Erie on January 31, 2008, and for other relief,

Now, upon reading and filing the affidavits of John D. J. sworn to February 5, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, denied.

Memorandum: Petitioner has failed to set forth facts demonstrating a meritorious appeal (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).

Entered: April 8, 2008

JoAnn M. Wahl, Clerk