| IN THE MATTER OF WAYNE WHITE V MICHAEL CORCORAN, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY FOR NEW YORK STATE |
| Motion No: CA 10-01510 |
| Slip Opinion No: 2010 NY Slip Op 80679(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: MARTOCHE, J. P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.
DOCKET NO. CA 10-01510
| IN THE MATTER OF WAYNE WHITE, PETITIONER-APPELLANT, V MICHAEL
CORCORAN, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY FOR NEW YORK STATE DEPARTMENT OF CORRECTIONS SERVICE,
RESPONDENT-RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person, for assignment of counsel, and for leave to appeal to this Court from a judgment (denominated order) of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on April 21, 2010, and
Now, upon reading and filing the affidavit of Wayne A. White sworn to May 15, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied because petitioner failed to demonstrate merit to the appeal (see People ex rel. Gill v Greene, 12 NY3d 1; see also CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]), 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: August 23, 2010
Patricia L. Morgan, Clerk