| 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 71803(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 13-00222
(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 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, and for other relief,
Now, upon reading and filing the statements of Darryl Phelps dated March 18, 2013, and March 29, 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.
Memorandum: Petitioner failed to submit 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