| IN THE MATTER OF RICKY PENDER V GEORGE B. ALEXANDER, CHAIRMAN, THE NEW YORK STATE DIVISION OF PAROLE |
| Motion No: CA 09-00454 |
| Slip Opinion No: 2009 NYSlipOp 68357(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 09-00454
| IN THE MATTER OF RICKY PENDER, PETITIONER-APPELLANT, V GEORGE
B. ALEXANDER, CHAIRMAN, THE NEW YORK STATE DIVISION OF PAROLE, 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 Cayuga on February 5, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Ricky Pender sworn to March 2, 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" (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: March 30, 2009
JoAnn M. Wahl, Clerk