| MATTER OF RODNEY WALTON V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 10-01602 |
| Slip Opinion No: 2010 NY Slip Op 80699(U) |
| Decided on August 25, 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. TP 10-01602
| MATTER OF RODNEY WALTON, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person and for assignment of counsel on the proceeding pursuant to CPLR article 78 transferred to this Court by order of the Supreme Court and entered in the Office of the Clerk of the County of Erie March 16, 2010,
Now, upon reading and filing the affidavit of Rodney Walton 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 25, 2010
Patricia L. Morgan, Clerk