| IN THE MATTER OF FRANCIS WEBBER V JAMES BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND GEORGE B. |
| Motion No: CA 08-01063 |
| Slip Opinion No: 2008 NYSlipOp 78572(U) |
| Decided on July 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01063
| IN THE MATTER OF FRANCIS WEBBER, PETITIONER-APPELLANT, V
JAMES BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND GEORGE B. ALEXANDER, CHAIRMAN, NEW YORK STATE DIVISION OF
PAROLE, RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on April 23, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavits of Francis Webber sworn to July 2, 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 August 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 Erie County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).
Entered: July 21, 2008
JoAnn M. Wahl, Clerk