| IN THE MATTER OF BYRON K. RUSS, SR. V BRIAN FISCHER, COMMISSIONER OF CORRECTIONS AND HAROLD GRAHAM, SUPERINTENDENT OF |
| Motion No: CA 11-00260 |
| Slip Opinion No: 2011 NY Slip Op 67052(U) |
| Decided on March 11, 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 11-00260
| IN THE MATTER OF BYRON K. RUSS, SR., PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER OF CORRECTIONS AND HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on December 17, 2010, and for other relief,
Now, upon reading and filing the affidavit of Byron Russ, Sr. sworn to January 24, 2011, 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 assignment of counsel is denied, and
It is further ORDERED that the motion is otherwise 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]).
Memorandum: Assignment of counsel is not available.
Entered: March 11, 2011
Patricia L. Morgan, Clerk