| IN THE MATTER OF JOE DAVIS V WILLIAM HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY |
| Motion No: CA 09-00186 |
| Slip Opinion No: 2009 NYSlipOp 62239(U) |
| Decided on January 27, 2009 |
| 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 09-00186
| IN THE MATTER OF JOE DAVIS, PETITIONER-APPELLANT, V WILLIAM
HULIHAN, SUPERINTENDENT, MID-STATE 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 Oneida on July 16, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of Joe Davis sworn to December 30, 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 February 25, 2009, upon a showing of "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on all parties and the Oneida County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: January 27, 2009
JoAnn M. Wahl, Clerk