| IN THE MATTER OF THOMAS KAMINSKI V SUPERINTENDENT LEO E. PAYANT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, - |
| Motion No: CA 09-01422 |
| Slip Opinion No: 2009 NY Slip Op 79387(U) |
| Decided on July 27, 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 09-01422
| IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V
SUPERINTENDENT LEO E. PAYANT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT (PROCEEDING NO. 1.) IN THE MATTER OF
THOMAS KAMINSKI, PETITIONER-APPELLANT, V COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS, ET AL.,
RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2) IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V NEW YORK STATE DIVISION
OF PAROLE, RESPONDENT-RESPONDENT. (PROCEEDING NO. 3.) IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V
SUPERINTENDENT CALVIN RAPSATT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS-RESPONDENTS. (PROCEEDING NO.
4) |
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 Oneida on May 7, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Thomas Kaminski sworn to July 3, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
CA 09-01422
PAGE 2
JULY 27, 2009
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before August 27, 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: July 27, 2009
Patricia L. Morgan, Clerk