PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-00025

IN THE MATTER OF MELVIN LEE, PETITIONER-APPELLANT, V ERIE COUNTY DISTRICT ATTORNEY'S OFFICE, RESPONDENT-RESPONDENT.

Appellant having moved for relief pursuant to CPLR 5520 (a), for permission to proceed as a poor person, and for other relief 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 February 23, 2012,

Now, upon reading and filing the affidavits of Melvin Lee sworn to October 2, 2011, December 12, 2011, and February 22, 2012, the notices of motion with proof of service, and the supporting papers attached thereto, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks relief pursuant to CPLR 5520 (a) is dismissed as unnecessary, and

It is further ORDERED that the motion is otherwise 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]).

Memorandum: Absent proof that respondent served appellant with a copy of the order appealed, and written notice of its entry, there is no basis upon which to conclude that the time to take an appeal pursuant to CPLR 5513 (a) has begun to run or that the relief sought pursuant to CPLR 5520 (a) is necessary.

Entered: April 4, 2012

Frances E. Cafarell, Clerk