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 93269(U)
Decided on December 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.


December 16, 2014

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 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, and for other relief,

Now, upon reading and filing the affidavits of William McKethan sworn to November 10, 2014, and November 29, 2014, the notice of motion with proof of service thereof, and the affirmation of Frederick R. Westphal, Esq., dated November 19, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Petitioner failed to set forth facts demonstrating a meritorious appeal.

Entered: December 16, 2014

Frances E. Cafarell, Clerk