| IN THE MATTER OF THOMAS HOYER V ANDREA EVANS, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE |
| Motion No: CA 13-00997 |
| Slip Opinion No: 2013 NY Slip Op 78328(U) |
| Decided on June 20, 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 13-00997
(Index No. 2012-0953)
| IN THE MATTER OF THOMAS HOYER,
PETITIONER-APPELLANT, V ANDREA EVANS, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and for 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 Cayuga on February 4, 2013,
Now, upon reading and filing the affidavit of Thomas Hoyer sworn to May 28, 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]).
Memorandum: Assignment of counsel is not available.
Entered: June 20, 2013
Frances E. Cafarell, Clerk