LARRY BROWN AND SHANNON MARTINEK V DONALD SAWYER, EXECUTIVE DIRECTOR, CENTRAL NEW YORK PSYCHIATRIC CENTER, AND MICHAEL
Motion No: CA 10-01280
Slip Opinion No: 2010 NY Slip Op 75891(U)
Decided on June 29, 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.


June 29, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-01280

LARRY BROWN AND SHANNON MARTINEK, PETITIONERS-APPELLANTS,

V

DONALD SAWYER, EXECUTIVE DIRECTOR, CENTRAL NEW YORK

PSYCHIATRIC CENTER, AND

MICHAEL F. HOGAN, COMMISSIONER OF THE NEW YORK STATE OFFICE

OF MENTAL HEALTH, RESPONDENTS-RESPONDENTS.


Appellants 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 May 17, 2010,

Now, upon reading and filing the affirmation of Jason D. Flemma received June 9, 2010, the affidavit of Shannon Martinek sworn to May 19, 2010, the affidavit of Larry Brown sworn to May 19, 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 a showing of "sufficient facts so that the merit of the contentions can be ascertained" (CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).

Entered: June 29, 2010

Patricia L. Morgan, Clerk