| IN THE MATTER OF DARRYL PHELPS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 13-00222 |
| Slip Opinion No: 2013 NY Slip Op 67360(U) |
| Decided on March 11, 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 13-00222
(Index No. 21,261-12)
| IN THE MATTER OF DARRYL PHELPS,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, 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 Wyoming on December 3, 2012,
Now, upon reading and filing the affidavit of Darryl Phelps sworn to January 18, 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 sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [2]).
Entered: March 11, 2013
Frances E. Cafarell, Clerk