| WILFREDO POLANCO V NEW YORK STATE DIVISION OF PAROLE |
| Motion No: CA 10-01227 |
| Slip Opinion No: 2010 NY Slip Op 75885(U) |
| Decided on June 28, 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 10-01227
| WILFREDO POLANCO, PETITIONER-APPELLANT, V NEW YORK STATE
DIVISION OF PAROLE, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on April 15, 2010,
Now, upon reading and filing the affidavit of Wilfredo Polanco sworn to April 20, 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 a new motion including an affidavit setting forth "sufficient facts so that the merit of the contentions can be ascertained" and proof of service on all parties and the County Attorney of the County in which the action was tried (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: June 28, 2010
Patricia L. Morgan, Clerk