IN THE MATTER OF MELVIN LEE V ERIE COUNTY DISTRICT ATTORNEY'S OFFICE
Motion No: CA 12-00025
Slip Opinion No: 2012 NY Slip Op 79904(U)
Decided on July 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.


July 24, 2012

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, 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 permission to proceed as a poor person and assignment of counsel 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 affidavit of Melvin Lee sworn to May 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 on the ground that the facts set forth by appellant fail to demonstrate merit to the appeal (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).

Entered: July 24, 2012

Frances E. Cafarell, Clerk