| JOHNNY DOWNS V NEW YORK STATE EXECUTIVE DEPARTMENT, DEPARTMENT OF CORRECTIONS, DIVISION OF PAROLE, AND MENTAL HYGIENE |
| Motion No: CA 10-00791 |
| Slip Opinion No: 2010 NY Slip Op 69819(U) |
| Decided on April 20, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00791
| JOHNNY DOWNS, PETITIONER-APPELLANT, V NEW YORK STATE
EXECUTIVE DEPARTMENT, DEPARTMENT OF CORRECTIONS, DIVISION OF PAROLE, AND MENTAL HYGIENE LEGAL SERVICE,
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 December 18, 2009,
Now, upon reading and filing the affidavit of Johnny Downs sworn to March 1, 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, with leave to renew upon filing and serving an affidavit setting forth the amount and sources of appellant's income and stating that appellant is unable to pay the costs, fees, and expenses necessary to prosecute the appeal (CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: April 20, 2010
Patricia L. Morgan, Clerk