| David Binkley v State of New York |
| Motion No: 2009-1009 |
| Slip Opinion No: 2009 NY Slip Op 91207 |
| Decided on December 15, 2009 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
David Binkley,
Appellant,
v
State of New York,
Respondent.
In the Matter of David Binkley,
Appellant,
v
New York State Department of Correctional Services,
Respondent.
Motion, insofar as it seeks leave to appeal from the Appellate Division order of affirmance, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order denying poor person relief, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.