IN THE MATTER OF MANUEL MARTINEZ V DISTRICT ATTORNEY FOR COUNTY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT
Motion No: CA 13-01298
Slip Opinion No: 2013 NY Slip Op 81192(U)
Decided on July 31, 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.


July 31, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01298

IN THE MATTER OF MANUEL MARTINEZ, PETITIONER-APPELLANT,

V

DISTRICT ATTORNEY FOR COUNTY OF NEW YORK, NEW YORK CITY

POLICE DEPARTMENT, RESPONDENTS-RESPONDENTS.


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 June 19, 2013,

Now, upon reading and filing the affidavit of Manuel Martinez sworn to June 26, 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: July 31, 2013

Frances E. Cafarell, Clerk