IN THE MATTER OF DANIEL KARLIN V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND ANDREA W. EVANS
Motion No: CA 12-01125
Slip Opinion No: 2012 NY Slip Op 78439(U)
Decided on July 6, 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.


July 6, 2012

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

DOCKET NO. CA 12-01125

IN THE MATTER OF DANIEL KARLIN,

PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT,

COLLINS CORRECTIONAL FACILITY AND

ANDREA W. EVANS, CHAIRPERSON, NEW YORK

STATE DIVISION OF PAROLE,

RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to proceed as a poor person 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 May 2, 2012,

Now, upon reading and filing the affidavit of Daniel Karlin sworn to June 13, 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: July 6, 2012

Frances E. Cafarell, Clerk