| IN THE MATTER OF BERTRAM PAYNE V BRIAN FISCHER, DEPARTMENT OF CORRECTIONAL SERVICES COMMISSIONER |
| Motion No: CA 08-01747 |
| Slip Opinion No: 2008 NYSlipOp 93330(U) |
| Decided on December 29, 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 08-01747
| IN THE MATTER OF BERTRAM PAYNE, PETITIONER-APPELLANT, V BRIAN
FISCHER, DEPARTMENT OF CORRECTIONAL SERVICES COMMISSIONER, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on June 20, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of Bertram Payne sworn to November 16, 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 29, 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 Seneca County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: December 29, 2008
JoAnn M. Wahl, Clerk