| IN THE MATTER OF DALE E. JOHNSON V ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, AND DAVID A. HANSELL |
| Motion No: CA 09-00686 |
| Slip Opinion No: 2009 NYSlipOp 69793(U) |
| Decided on April 13, 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 09-00686
| IN THE MATTER OF DALE E. JOHNSON, PETITIONER-APPELLANT, V ERIE
COUNTY DEPARTMENT OF SOCIAL SERVICES, AND DAVID A. HANSELL, RESPONDENTS-RESPONDENTS. |
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 Erie on January 29, 2009,
Now, upon reading and filing the affidavits of Dale Eugene Johnson sworn to March 25, 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 May 13, 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 Erie County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: April 13, 2009
Patricia L. Morgan, Deputy Clerk