| IN THE MATTER OF STEPHEN BROWN V BRIAN FISCHER, COMMISSIONER, AND WILLIAM HULIHAN, SUPERINTENDENT, MID-STATE |
| Motion No: CA 09-01763 |
| Slip Opinion No: 2009 NY Slip Op 83291(U) |
| Decided on September 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 09-01763
| IN THE MATTER OF STEPHEN BROWN, PETITIONER-APPELLANT, V BRIAN
FISCHER, COMMISSIONER, AND WILLIAM HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY,
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 Oneida on June 1, 2009,
Now, upon reading and filing the affidavit of Stephen Brown sworn to June 15, 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 October 15, 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: September 15, 2009
Patricia L. Morgan, Clerk