| IN THE MATTER OF KENNETH L. GASTON V JOHN P. LEMPKE, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, ANDREA W. EVANS |
| Motion No: CA 12-01324 |
| Slip Opinion No: 2012 NY Slip Op 80523(U) |
| Decided on August 2, 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 12-01324
| IN THE MATTER OF KENNETH L. GASTON, PETITIONER-APPELLANT,
V JOHN P. LEMPKE, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE
DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS. |
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 June 6, 2012,
Now, upon reading and filing the affidavit of Kenneth L. Gaston sworn to June 11, 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: August 2, 2012
Frances E. Cafarell, Clerk