| FRED E. VAN GORDER V THE PEOPLE |
| Motion No: CA 11-01254 |
| Slip Opinion No: 2011 NY Slip Op 78237(U) |
| Decided on July 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01254
| FRED E. VAN GORDER, PLAINTIFF-APPELLANT, V THE PEOPLE OF THE
STATE OF NEW YORK, DEFENDANT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and for 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 Monroe on April 5, 2011,
Now, upon reading and filing the affidavit of Fred E. Van Gorder sworn to May 6, 2011, the notice of motion with proof of service thereof, and the affirmation of Leslie E. Swift, Esq., dated June 29, 2011, 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: July 7, 2011
Patricia L. Morgan, Clerk