| IN THE MATTER OF MICHAEL ALLEN V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: CA 08-00928 |
| Slip Opinion No: 2008 NYSlipOp 75211(U) |
| Decided on June 17, 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 08-00928
| IN THE MATTER OF MICHAEL ALLEN, PETITIONER-APPELLANT, V
ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
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 April 3, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of Michael Allen sworn to April 29, 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 July 17, 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 Erie County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).
Entered: June 17, 2008
JoAnn M. Wahl, Clerk