| MATTER OF EMMANUEL MCADOO V WILLIAM HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY |
| Motion No: KAH 08-01182 |
| Slip Opinion No: 2008 NYSlipOp 74682(U) |
| Decided on June 2, 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.
APPELLATE DIVISION DOCKET NO. KAH 08-01182
INDEX NO. CA2008-000776
| MATTER OF EMMANUEL MCADOO, PETITIONER-APPELLANT, V WILLIAM
HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
Petitioner-appellant having moved for permission to proceed as a poor person and for the assignment of counsel on appeal from an order of the Supreme Court, Oneida County, entered in the Office of the Clerk of said Court on April 5, 2008,
Now, upon reading and filing the affidavit of Emmanuel McAdoo, sworn to April 17, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew on or before June 30, 2008, upon submission of proof that the underlying poor person application submitted to Supreme Court was served on the Attorney General and the Oneida County Attorney sufficient to demonstrate that the order sought to be appealed was not an ex parte order (see People ex rel. De Capua v Lape, 17 AD3d 1041; see generally CPLR 5701 [a] [2]).
Entered: June 2, 2008
JOANN M. WAHL, Clerk