| WILFREDO POLANCO V NEW YORK STATE DIVISION OF PAROLE |
| Motion No: CA 10-01227 |
| Slip Opinion No: 2011 NY Slip Op 61104(U) |
| Decided on January 6, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-01227
| WILFREDO POLANCO, PETITIONER-APPELLANT, V 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 Seneca on April 15, 2010,
Now, upon reading and filing the affidavits of Wilfredo Polanco sworn to December 9, 2010, the notice of motion with proof of service thereof, and the statement of Frank R. Fischer, Esq. dated December 7, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's affidavits failed to set forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: January 6, 2011
Patricia L. Morgan, Clerk