| 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 NY Slip Op 78765(U) |
| Decided on July 15, 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 renewed the motion 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, and for other relief,
Now, upon reading and filing the affidavit of Dale Eugene Johnson sworn to 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.
Memorandum: Appellant has failed to set forth "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on the Erie County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: July 15, 2009
Patricia L. Morgan, Clerk