IN THE MATTER OF BRAD MCPHERSON V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 15-00905
Slip Opinion No: 2015 NY Slip Op 79141(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 15-00905
(Index No. 21570-15.)

IN THE MATTER OF BRAD MCPHERSON, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on April 22, 2015,

Now, upon reading and filing the affidavit of Brad McPherson sworn to June 23, 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.

Memorandum: Appellant failed to file and serve with this motion an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a] and 22 NYCRR 1000.14 [a]).

Entered: July 13, 2015

Frances E. Cafarell, Clerk