JESSIE JAMES BARNES V JULIE FINOCCHIO, ASSISTANT ATTORNEY GENERAL, MONROE COUNTY SHERIFF PROPERTY CLERK, AND BRIGHTON
Motion No: CA 10-02460
Slip Opinion No: 2011 NY Slip Op 61106(U)
Decided on January 7, 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.


January 7, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-02460

JESSIE JAMES BARNES, PETITIONER-APPELLANT,

V

JULIE FINOCCHIO, ASSISTANT DISTRICT ATTORNEY, MONROE COUNTY

SHERIFF'S PROPERTY CLERK, AND

TOWN OF BRIGHTON POLICE DEPARTMENT PROPERTY CLERK,

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 Monroe on November 30, 2010, and for other relief,

Now, upon reading and filing the affidavit of Jessie J. Barnes sworn to December 7, 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 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: January 7, 2011

Patricia L. Morgan, Clerk