| IN THE MATTER OF BRIAN SNELL V SIBATU KHAHAIFA, SUPERINTENDENT, AND BRIAN FISHER, COMMISSIONER, NEW YORK STATE |
| Motion No: CA 10-00609 |
| Slip Opinion No: 2010 NY Slip Op 73905(U) |
| Decided on June 8, 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 10-00609
| IN THE MATTER OF BRIAN SNELL, PETITIONER-APPELLANT, V SIBATU
KHAHAIFA, SUPERINTENDENT, AND BRIAN FISHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having renewed the motion for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on February 18, 2010,
Now, upon reading and filing the affidavit of Brian Snell sworn to May 7, 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 the submission of a new motion that includes an affidavit setting forth the amount and sources of appellant's income; that the appellant is unable to pay the costs, fees and expenses necessary to prosecute the appeal; and whether any person is beneficially interested in any recovery sought (CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]).
Entered: June 8, 2010
Patricia L. Morgan, Clerk