| IN THE MATTER OF MICHAEL J. HENDERSON V WILLIAM FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY AND KEVIN E. WALSH |
| Motion No: CA 12-00029 |
| Slip Opinion No: 2012 NY Slip Op 65788(U) |
| Decided on February 29, 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 12-00029
(Index No. 2011-4950)
| IN THE MATTER OF MICHAEL J. HENDERSON, PETITIONER-APPELLANT,
V WILLIAM FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY AND KEVIN E. WALSH, SHERIFF OF ONONDAGA COUNTY,
RESPONDENTS-RESPONDENTS. |
Appellant having renewed the motion for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 26, 2011,
Now, upon reading and filing the affidavit of Michael J. Henderson sworn to February 2, 2012, 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 file 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: February 29, 2012
Frances E. Cafarell, Clerk