| IN THE MATTER OF MANUEL MOSLEY V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER |
| Motion No: CA 13-00007 |
| Slip Opinion No: 2013 NY Slip Op 62431(U) |
| Decided on January 23, 2013 |
| 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 13-00007
| IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT,
V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK
STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for leave to appeal to this Court from a judgment (denominated order) of the Erie County Supreme Court dated November 7, 2012, having moved for permission to proceed as a poor person, and having moved for other relief,
Now, upon reading and filing the affidavits of Manuel Mosley sworn to November 27, 2012, and December 28, 2012, and the notices 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 leave to appeal to this Court is denied, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and other relief is dismissed with leave to renew the motion upon the timely filing and service of the notice of appeal.
Entered: January 23, 2013
Frances E. Cafarell, Clerk