| IN THE MATTER OF COSONE WYNN V ANDREA W. EVANS, CHAIRPERSON, NEW YORK STATE DIVISION OF PAROLE |
| Motion No: TP 13-00995 |
| Slip Opinion No: 2013 NY Slip Op 80640(U) |
| Decided on July 24, 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. TP 13-00995
(Index No. 2013-569)
| IN THE MATTER OF COSONE WYNN, PETITIONER, V
ANDREA W. EVANS, CHAIRPERSON, NEW YORK STATE DIVISION OF PAROLE, RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person and for assignment of counsel on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 29, 2013,
Now, upon reading and filing the statement of Cosone Wynn dated June 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, among other papers, an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained and with an affidavit of service upon the Erie County Attorney and the Attorney General (see CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a] [2], [3]).
Memorandum: Assignment of counsel is not available.
Entered: July 24, 2013
Frances E. Cafarell, Clerk