| 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 88371(U) |
| Decided on October 30, 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 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,
Now, upon reading and filing the affidavit of Charlie Mixon sworn to September 23, 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. Appellant failed to provide 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]).
Entered: October 30, 2014
Frances E. Cafarell, Clerk