| IN THE MATTER OF GUY MCEACHIN V BRIAN FISCHER, COMMISSIOINER, NYS DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 09-00527 |
| Slip Opinion No: 2009 NYSlipOp 68354(U) |
| Decided on March 30, 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 09-00527
| IN THE MATTER OF GUY MCEACHIN, PETITIONER-APPELLANT, V BRIAN
FISCHER, COMMISSIOINER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, 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 Wyoming on October 9, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavits of Guy McEachin sworn to February 9, 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, with leave to renew on or before April 30, 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 Wyoming County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: March 30, 2009
JoAnn M. Wahl, Clerk