| IN THE MATTER OF CHARLIE MIXON V JAMES D. HESSEL, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, |
| Motion No: CA 14-01294 |
| Slip Opinion No: 2014 NY Slip Op 83862(U) |
| Decided on September 16, 2014 |
| 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 14-01294
| IN THE MATTER OF CHARLIE MIXON, PETITIONER-APPELLANT,
V JAMES D. HESSEL, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ET AL.,
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 Erie on June 13, 2014, and having moved for other relief,
Now, upon reading and filing the affidavit of Charlie Mixon sworn to June 24, 2014, 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 that includes, among other things, 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: September 16, 2014
Frances E. Cafarell, Clerk