| IN THE MATTER OF BERTRAM PAYNE V BRIAN FISCHER, DEPARTMENT OF CORRECTIONAL SERVICES COMMISSIONER |
| Motion No: CA 08-01747 |
| Slip Opinion No: 2009 NYSlipOp 64797(U) |
| Decided on February 23, 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 08-01747
| IN THE MATTER OF BERTRAM PAYNE, PETITIONER-APPELLANT, V BRIAN
FISCHER, DEPARTMENT OF CORRECTIONAL SERVICES COMMISSIONER, RESPONDENT-RESPONDENT. |
Appellant having renewed the motion 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 January 10, 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 proof of service on the Seneca County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: February 23, 2009
JoAnn M. Wahl, Clerk