| IN THE MATTER OF MARTIN BANKS V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ANDREA W. EVANS, CHAIRWOMAN |
| Motion No: CA 13-00618 |
| Slip Opinion No: 2013 NY Slip Op 71798(U) |
| Decided on April 18, 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 13-00618
| IN THE MATTER OF MARTIN BANKS, PETITIONER-APPELLANT,
V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION
OF PAROLE, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, RESPONDENTS-RESPONDENTS. |
Appellant having moved 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 Erie on March 25, 2013,
Now, upon reading and filing the affidavit of Martin Banks sworn to March 30, 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: April 18, 2013
Frances E. Cafarell, Clerk