| CARLOS ABREU V BRIAN FISCHER, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, E. OLSOWSKE, BUSINESS |
| Motion No: CA 11-01358 |
| Slip Opinion No: 2011 NY Slip Op 79301(U) |
| Decided on July 27, 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 11-01358
| CARLOS ABREU, PLAINTIFF-APPELLANT, V BRIAN FISCHER,
COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, E. OLSOWSKE, BUSINESS OFFICER, SERGEANT BARBER, CO E.
FARLEY, MR. THOMS, DEPUTY SUPERINTENDENT FOR ADMINISTRATION, AND SUPERINTENDENT LEMPKE,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on May 9, 2011,
Now, upon reading and filing the affidavit of Carlos Abreu sworn to May 18, 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 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 27, 2011
Patricia L. Morgan, Clerk