| MATTER OF BURNIE DANIELS V MICHAEL P. CORCORAN, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY |
| Motion No: CA 10-00281 |
| Slip Opinion No: 2010 NY Slip Op 64229(U) |
| Decided on February 22, 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 10-00281
| MATTER OF BURNIE DANIELS, PETITIONER-APPELLANT, V MICHAEL P.
CORCORAN, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on January 5, 2010,
Now, upon reading and filing the affidavit of Burnie Daniels sworn to January 15, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks assignment of counsel is denied on the ground that such relief is not available, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a new motion that includes an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]).
Entered: February 22, 2010
Patricia L. Morgan, Clerk