| IN THE MATTER OF FRANK RUSSELL V BRIAN FISCHER, COMMISSIONER OF DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 12-01642 |
| Slip Opinion No: 2012 NY Slip Op 85437(U) |
| Decided on September 21, 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 12-01642
| IN THE MATTER OF FRANK RUSSELL,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER OF DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 20, 2012,
Now, upon reading and filing the affidavit of Frank Russell sworn to August 28, 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 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: September 21, 2012
Frances E. Cafarell, Clerk