| IN THE MATTER OF JOSE MARRERO-NIEVES V ANDREA W. EVANS, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE |
| Motion No: CA 11-02584 |
| Slip Opinion No: 2012 NY Slip Op 62294(U) |
| Decided on January 24, 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 11-02584
| IN THE MATTER OF JOSE MARRERO-NIEVES, PETITIONER-APPELLANT, V
ANDREA W. EVANS, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and to extend the time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on November 15, 2011,
Now, upon reading and filing the affidavit of Jose Marrero-Nieves 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 insofar as it seeks permission to proceed as a poor person 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]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: January 24, 2012
Frances E. Cafarell, Clerk