| IN THE MATTER OF WILLIAM MCKETHAN V DAVID STALLONE, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILTIY |
| Motion No: CA 14-01806 |
| Slip Opinion No: 2014 NY Slip Op 88928(U) |
| Decided on November 5, 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 14-01806
| IN THE MATTER OF WILLIAM MCKETHAN, PETITIONER-APPELLANT, V
DAVID STALLONE, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILTIY, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and 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 August 29, 2014,
Now, upon reading and filing the affidavit of William McKethan sworn to October 1, 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: November 5, 2014
Frances E. Cafarell, Clerk