| 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 74704(U) |
| Decided on May 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 11-02283
| 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, 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 Erie on September 30, 2011,
Now, upon reading and filing the affidavit of David A. Burr sworn to April 4, 2012, 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 on the ground that the facts set forth by appellant fail to demonstrate merit to the appeal, and
It is further ORDERED that the motion is otherwise denied.
Entered: May 24, 2012
Frances E. Cafarell, Clerk