| IN THE MATTER OF BURNIE DANIELS V DAVID STALLONE, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY |
| Motion No: CA 12-02129 |
| Slip Opinion No: 2012 NY Slip Op 95085(U) |
| Decided on December 28, 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 12-02129
| IN THE MATTER OF BURNIE DANIELS, PETITIONER-APPELLANT,
V DAVID STALLONE, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved to renew the motion 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 Cayuga on October 19, 2012,
Now, upon reading and filing the affidavit of Burnie Daniels sworn to November 29, 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.
Memorandum: Appellant failed to set forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]). Assignment of counsel is not available.
Entered: December 28, 2012
Frances E. Cafarell, Clerk