| IN THE MATTER OF MELVIN HOWARD V COMMISSIONER BRIAN FISCHER |
| Motion No: CA 12-01387 |
| Slip Opinion No: 2012 NY Slip Op 82270(U) |
| Decided on August 20, 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 12-01387
| IN THE MATTER OF MELVIN HOWARD,
PETITIONER-APPELLANT, V COMMISSIONER BRIAN FISCHER, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person, an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on April 20, 2012, and other relief,
Now, upon reading and filing the affidavit of Melvin Howard sworn to July 23, 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 insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion is otherwise denied, with leave to renew upon filing and serving 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] [2]).
Entered: August 20, 2012
Frances E. Cafarell, Clerk