IN THE MATTER OF JOHN COLVIN, ACTING SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY V RONNIE COVINGTON (Seneca
Motion No: CA 12-00538
Slip Opinion No: 2012 NY Slip Op 70614(U)
Decided on April 12, 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.


April 12, 2012

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

DOCKET NO. CA 12-00538

IN THE MATTER OF JOHN COLVIN, ACTING SUPERINTENDENT

OF FIVE POINTS CORRECTIONAL FACILITY,

PETITIONER-RESPONDENT,

V

RONNIE COVINGTON, RESPONDENT-APPELLANT.

(Seneca County Index No. 45926)


Appellant having moved for permission to proceed as a poor person, assignment of counsel, and 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 Seneca on February 6, 2012,

Now, upon reading and filing the affidavit of Ronnie Covington sworn to March 5, 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, 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]).

Entered: April 12, 2012

Frances E. Cafarell, Clerk