| IN THE MATTER OF NELSON OCASIO V ANDREA W. EVANS, CHAIRPERSON, CEO OF THE DIVISION OF PAROLE |
| Motion No: CA 10-01461 |
| Slip Opinion No: 2010 NY Slip Op 78885(U) |
| Decided on July 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 10-01461
| IN THE MATTER OF NELSON OCASIO, PETITIONER-APPELLANT, V
ANDREA W. EVANS, CHAIRPERSON, CEO OF THE DIVISION OF PAROLE, 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 Jefferson on June 10, 2010,
Now, upon reading and filing the affidavit of Nelson Ocasio sworn to July 2, 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 filing and service of a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]), and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available.
Entered: July 28, 2010
Patricia L. Morgan, Clerk