| DAVID ALLEN, CLAIMANT- V THE STATE OF NEW YORK |
| Motion No: CA 09-02553 |
| Slip Opinion No: 2010 NY Slip Op 63061(U) |
| Decided on February 9, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02553
| DAVID ALLEN, CLAIMANT-APPELLANT, V THE STATE OF NEW YORK,
DEFENDANT-RESPONDENT. |
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 Monroe on October 9, 2009,
Now, upon reading and filing the affidavit of David Allen sworn to January 11, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memoradum: Appellant has failed to set forth "sufficient facts so that the merit of the contention is can be ascertained" (CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: February 9, 2010
Patricia L. Morgan, Clerk