| IN THE MATTER OF FRED E. VAN GORDER V THE PEOPLE |
| Motion No: CA 11-01254 |
| Slip Opinion No: 2011 NY Slip Op 81943(U) |
| Decided on August 18, 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., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 11-01254
| IN THE MATTER OF FRED E. VAN GORDER, PETITIONER-APPELLANT, V
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT-RESPONDENT. |
Appellant having moved for leave to appeal to this Court, 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 affidavits of Fred E. Van Gorder sworn to July 13, 2011, the notices of motion with proof of service thereof, and the affirmation of Leslie E. Swift, Esq., dated July 25, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied.
Memorandum: The facts set forth by petitioner fail to demonstrate merit to the appeal.
Entered: August 18, 2011
Patricia L. Morgan, Clerk