| IN THE MATTER OF REUBEN AVENT V SUPERINTENDENT GRAHAM OF AUBURN CORRECTIONAL FACILITY AND PAUL PIPERATO |
| Motion No: CA 10-01550 |
| Slip Opinion No: 2010 NY Slip Op 80680(U) |
| Decided on August 24, 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 10-01550
| IN THE MATTER OF REUBEN AVENT, PETITIONER-APPELLANT, V
SUPERINTENDENT GRAHAM OF AUBURN CORRECTIONAL FACILITY AND PAUL PIPERATO, RESPONDENTS-RESPONDENTS. |
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 Cayuga on February 2, 2010,
Now, upon reading and filing the affidavit of Reuben Avent sworn to June 28, 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 and showing proof of service upon the Cayuga County Attorney (see CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: August 24, 2010
Patricia L. Morgan, Clerk