IN THE MATTER OF NICKOLE EADDY V GRANT SCRIVEN, REGIONAL DIRECTOR, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 14-01467
Slip Opinion No: 2014 NY Slip Op 84496(U)
Decided on September 18, 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.


September 18, 2014

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

DOCKET NO. CA 14-01467

IN THE MATTER OF NICKOLE EADDY, PETITIONER-APPELLANT,

V

GRANT SCRIVEN, REGIONAL DIRECTOR, NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.

(Index No. 2014/05542.)


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 24, 2014, and for other relief,

Now, upon reading and filing the affidavit of Philip M. Genty, Esq., sworn to August 15, 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 insofar as it seeks permission to proceed as a poor person is denied, with leave to renew upon filing and serving a new motion that, among other things, includes an affidavit setting forth the amount and sources of the appellant's income and that appellant is unable to pay the costs, fees and expenses necessary to prosecute or respond to the appeal (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]).

Entered: September 18, 2014

Frances E. Cafarell, Clerk