IN THE MATTER OF DINO BEST, ALSO KNOWN AS MICHAEL SMITH V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

IN THE MATTER OF DINO BEST, ALSO KNOWN AS MICHAEL SMITH V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

Motion No: CA 08-00502

Slip Opinion No: 2008 NYSlipOp 69859(U)

Decided on April 21, 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 21, 2008

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

DOCKET NO. CA 08-00502

IN THE MATTER OF DINO BEST, ALSO KNOWN AS MICHAEL SMITH,
PETITIONER-APPELLANT,
V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS, LEMPKE, SUPERINTENDENT FIVE POINTS INMATE
RECORDS COORDINATOR, FIVE POINTS, 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 Seneca on February 8, 2008,

Now, upon reading and filing the affidavit of Dino Best sworn to March 1, 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 May 21, 2008 upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on the Attorney General and the Seneca County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).

Entered: April 21, 2008

JoAnn M. Wahl, Clerk