IN THE MATTER OF QUINCY WADE V BRIAN S. FISCHER, ACTING COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, AND

IN THE MATTER OF QUINCY WADE V BRIAN S. FISCHER, ACTING COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, AND

Motion No: CA 08-01245

Slip Opinion No: 2008 NYSlipOp 77333(U)

Decided on July 1, 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.

July 1, 2008

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

DOCKET NO. CA 08-01245

IN THE MATTER OF QUINCY WADE, PETITIONER-APPELLANT,
V
BRIAN S. FISCHER, ACTING COMMISSIONER, NYS DEPARTMENT OF
CORRECTIONAL SERVICES, AND RONALD MOSICKI, SUPERINTENDENT
OF THE LAKEVIEW SHOCK INCARCERATION CORRECTIONAL FACILITY,
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 Chautauqua on October 31, 2007, and for assignment of counsel,

Now, upon reading and filing the affidavit of Quincy Wade sworn to June 5, 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 30, 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 Chautauqua County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).

Entered: July 1, 2008

JoAnn M. Wahl, Clerk