IN THE MATTER OF RONNIE COVINGTON V BRIAN FISCHER, COMMISSIONER NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 12-02141
Slip Opinion No: 2012 NY Slip Op 93599(U)
Decided on December 13, 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.


December 13, 2012

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

DOCKET NO. CA 12-02141

IN THE MATTER OF RONNIE COVINGTON, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on June 6, 2012,

Now, upon reading and filing the affidavit of Ronnie Covington sworn to October 4, 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: December 13, 2012

Frances E. Cafarell, Clerk