| IN THE MATTER OF DAVID O'KANE V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY , AND GEORGE B. |
| Motion No: CA 08-00392 |
| Slip Opinion No: 2008 NYSlipOp 92421(U) |
| Decided on December 16, 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 08-00392
| IN THE MATTER OF DAVID O'KANE, PETITIONER-APPELLANT, V ROBERT
A. KIRKPATRICK, SUPERINTENDENT, WENDE 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 Supreme Court entered in the Office of the Clerk of the County of Erie on December 13, 2007, for assignment of counsel, and to vacate dismissal of the appeal,
Now, upon reading and filing the affidavit of David O'Kane sworn to November 11, 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 January 15, 2009, 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: December 16, 2008
JoAnn M. Wahl, Clerk