| IN THE MATTER OF TIMOTHY REINARD V BRIAN FISCHER, COMMISSIONER OF DOCS, AND ANDREW M CUOMO, ATTORNEY GENERAL FOR THE |
| Motion No: CA 09-01429 |
| Slip Opinion No: 2009 NY Slip Op 79394(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 09-01429
| IN THE MATTER OF TIMOTHY REINARD, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER OF DOCS, AND ANDREW M CUOMO, ATTORNEY GENERAL FOR THE STATE OF NEW YORK,
RESPONDENTS-RESPONDENTS. |
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 Livingston on May 28, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Timothy S. Reinard sworn to July 8, 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 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 Livingston County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: July 27, 2009
Patricia L. Morgan, Clerk