| MATTER OF MARTIN BANKS V ANDREA W. EVANS, CHAIRMAN. NEW YORK STATE DIVISION OF PAROLE |
| Motion No: CA 10-02249 |
| Slip Opinion No: 2010 NY Slip Op 91663(U) |
| Decided on December 16, 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 10-02249
| MATTER OF MARTIN BANKS, PETITIONER-APPELLANT, V ANDREA W.
EVANS, CHAIRMAN. 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 a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on September 2, 2010, and for assignment of counsel,
Now, upon reading and filing the statement of Martin Banks dated October 6, 2010, and 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, 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]), 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: December 16, 2010
Patricia L. Morgan, Clerk