IN THE MATTER OF STATE OF NEW YORK, ON RELATION OF BENJAMIN JUSTIN BROWNLEE, CHN#17193 ON BEHALF OF HIMSELF AND ALL

IN THE MATTER OF STATE OF NEW YORK, ON RELATION OF BENJAMIN JUSTIN BROWNLEE, CHN#17193 ON BEHALF OF HIMSELF AND ALL

Motion No: CA 15-01086

Slip Opinion No: 2015 NY Slip Op 79130(U)

Decided on July 13, 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.

July 13, 2015

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

DOCKET NO. CA 15-01086

IN THE MATTER OF STATE OF NEW YORK, ON RELATION OF
BENJAMIN JUSTIN BROWNLEE, CHN#17193 ON BEHALF OF HIMSELF
AND ALL OTHER SIMILARLY SITUATED SENECA COUNTY CORRECTION
OFFICERS PETITION, PETITIONER-APPELLANT,
V
EXECUTIVE DEPARTMENT STATE COMMISSION OF CORRECTION
THOMAS A. BEILEIN, CHAIRMAN, PHYLLIS HARRISON-ROSS, M.D.,
COMMISSIONERS SENECA COUNTY LAW ENFORCEMENT CENTER
CORRECTIONAL FACILITY JAIL, JACK STENBURG, SHERIFF, ROGER
O. WARD, CHIEF ADMINISTRATIVE OFFICER/SUPERINTENDENT/CAPTAIN,
RESPONDENTS-RESPONDENTS.
(Index No. 49174.)

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, Seneca County dated May 28, 2015,

Now, upon reading and filing the affidavit of Benjamin Justin Brownlee sworn to June 20, 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: July 13, 2015

Frances E. Cafarell, Clerk