| MICHEL TOLIVER V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING COMMISSIONER, ANTHONY |
| Motion No: CA 15-00581 |
| Slip Opinion No: 2015 NY Slip Op 71683(U) |
| Decided on April 28, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00581
| MICHEL TOLIVER, PETITIONER-APPELLANT, V NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING COMMISSIONER, ANTHONY ANNUCCI AND NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND SUPERVISION SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, MICHAEL SHEAHAN, RESPONDENTS-RESPONDENTS.
(CLAIM NO. 48466.) |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, County of Seneca, dated November 28, 2014, and for other relief,
Now, upon reading and filing the affidavit of Michel Toliver sworn to February 5, 2015, 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]).
Entered: April 28, 2015
Frances E. Cafarell, Clerk