| IN THE MATTER OF VINCENT MALERBA V ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE |
| Motion No: CA 10-01811 |
| Slip Opinion No: 2010 NY Slip Op 86932(U) |
| Decided on October 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 10-01811
| IN THE MATTER OF VINCENT MALERBA, PETITIONER-APPELLANT, V
ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, 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 Oneida on August 2, 2010, and for other relief,
Now, upon reading and filing the affidavit of Vincent Malerba sworn to August 26, 2010, the notice of motion with proof of service thereof, the statement of Brett C. Granville, Esq. dated September 10, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied because appellant failed to demonstrate merit to the appeal.
Entered: October 28, 2010
Patricia L. Morgan, Clerk