| IN THE MATTER OF THOMAS C. BRINSON V MICHAEL CORCORAN, SUPERINTENDENT, AND NEW YORK STATE DEPARTMENT OF CORRECTIONAL |
| Motion No: CA 09-00042 |
| Slip Opinion No: 2009 NYSlipOp 64772(U) |
| Decided on February 19, 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 09-00042
| IN THE MATTER OF THOMAS C. BRINSON, PETITIONER-APPELLANT, V
MICHAEL CORCORAN, SUPERINTENDENT, AND NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having renewed the motion 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 Cayuga on October 14, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of Thomas Brinson sworn to January 29, 2009, 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.
Memorandum: Appellant has failed to set forth "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: February 19, 2009
JoAnn M. Wahl, Clerk