| IN THE MATTER OF DAVID BURR V TIMOTHY B. HOWARD, SHERIFF OF ERIE COUNTY |
| Motion No: CA 11-02283 |
| Slip Opinion No: 2012 NY Slip Op 60911(U) |
| Decided on January 5, 2012 |
| 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 11-02283
| IN THE MATTER OF DAVID BURR, PETITIONER-APPELLANT, V TIMOTHY B.
HOWARD, SHERIFF OF ERIE COUNTY, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 30, 2011, and for other relief,
Now, upon reading and filing the affidavit of David Burr sworn to December 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.
Memorandum: Appellant failed to set forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: January 5, 2012
Frances E. Cafarell, Clerk