| IN THE MATTER OF DEXTER MURRAY V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 10-01682 |
| Slip Opinion No: 2010 NY Slip Op 80671(U) |
| Decided on August 23, 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 10-01682
| IN THE MATTER OF DEXTER MURRAY, PETITIONER-APPELLANT, V BRIAN
FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT. |
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 Wyoming on June 1, 2010,
Now, upon reading and filing the affidavit of Dexter Murray sworn to August 10, 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]).
Entered: August 23, 2010
Patricia L. Morgan, Clerk