| IN THE MATTER OF CLIFFORD GRAHAM V BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTION AND |
| Motion No: CA 13-00213 |
| Slip Opinion No: 2013 NY Slip Op 66531(U) |
| Decided on March 1, 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 13-00213
(Index No. 2012-5280.)
| IN THE MATTER OF CLIFFORD GRAHAM,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTION AND
COMMUNITY SUPERVISION, 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 Onondaga on January 3, 2013,
Now, upon reading and filing the affidavit of Clifford Graham sworn to January 15, 2013, 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 the amount and sources of the appellant's income and that the appellant is unable to pay the costs, fees and expenses necessary to prosecute the appeal (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]).
Entered: March 1, 2013
Frances E. Cafarell, Clerk