| IN THE MATTER OF TIQUAN DAVIS V BRIAN FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 09-00800 |
| Slip Opinion No: 2009 NY Slip Op 71749(U) |
| Decided on May 4, 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 09-00800
| IN THE MATTER OF TIQUAN DAVIS, PETITIONER-APPELLANT, V BRIAN
FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, 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 January 21, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of TiQuan Davis sworn to March 30, 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 June 4, 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 Cayuga County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: May 4, 2009
Patricia L. Morgan, Clerk