| IN THE MATTER OF JAMES PERKINS V THE NEW YORK STATE DIVISION OF PAROLE, |
| Motion No: CA 09-00952 |
| Slip Opinion No: 2009 NY Slip Op 73633(U) |
| Decided on May 26, 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 09-00952
| IN THE MATTER OF JAMES PERKINS, PETITIONER-APPELLANT, V THE
NEW YORK STATE DIVISION OF PAROLE, ET AL., RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 26, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of James Perkins sworn to April 27, 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 26, 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 Oneida County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: May 26, 2009
Patricia L. Morgan, Clerk