THE PEOPLE EX REL. RONALD JACKSON V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 09-01196
Slip Opinion No: 2009 NY Slip Op 75453(U)
Decided on June 16, 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.


June 16, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-01196

THE PEOPLE OF THE STATE OF NEW YORK EX REL. RONALD JACKSON,

PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, 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 Wyoming on April 6, 2009, and for assignment of counsel,

Now, upon reading and filing the statements of Ronald Jackson dated May 13, 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 July 16, 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: June 16, 2009

Patricia L. Morgan, Clerk