| IN THE MATTER OF ROBERT ADAMS V WARREN D. BARKLEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY |
| Motion No: CA 09-01856 |
| Slip Opinion No: 2009 NY Slip Op 87811(U) |
| Decided on November 2, 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 09-01856
| IN THE MATTER OF ROBERT ADAMS, PETITIONER-APPELLANT, V
WARREN D. BARKLEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on July 30, 2009, for assignment of counsel and for an extension of time to file his notice of appeal,
Now, upon reading and filing the affidavit of Robert Adams sworn to October 14, 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 Attorney General and the Jefferson County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: November 2, 2009
Patricia L. Morgan, Clerk