| IN THE MATTER OF KENNETH MOORE V JOHN LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY AND ANDREA EVANS |
| Motion No: CA 11-01575 |
| Slip Opinion No: 2011 NY Slip Op 81977(U) |
| Decided on August 24, 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 11-01575
| IN THE MATTER OF KENNETH MOORE, PETITIONER-APPELLANT, V JOHN
LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY AND ANDREA EVANS, CHAIRMAN OF THE NEW YORK STATE DIVISION OF PAROLE,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on July 14, 2011,
Now, upon reading and filing the affidavit of Kenneth Moore sworn to July 21, 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 filing and serving 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: August 24, 2011
Patricia L. Morgan, Clerk