| IN THE MATTER OF THOMAS GROTH V MICHAEL CORCORAN, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY |
| Motion No: CA 09-01069 |
| Slip Opinion No: 2009 NY Slip Op 78817(U) |
| Decided on July 20, 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 09-01069
| IN THE MATTER OF THOMAS GROTH, PETITIONER-APPELLANT, V
MICHAEL CORCORAN, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
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 Cayuga on March 9, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Thomas M. Groth sworn to July 1, 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 provide proof of service on the Cayuga County Attorney (CPLR 1101 [c]; 22 NYCRR 1000.14 [a]).
Entered: July 20, 2009
Patricia L. Morgan, Clerk