| IN THE MATTER OF MICHEL TOLIVER V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING |
| Motion No: CA 15-00581 |
| Slip Opinion No: 2015 NY Slip Op 82138(U) |
| Decided on August 20, 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., LINDLEY, SCONIERS, VALENTINO, AND DEJOSEPH, JJ.
DOCKET NO. CA 15-00581
| IN THE MATTER OF 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. |
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 Seneca on November 28, 2014,
Now, upon reading and filing the affdavits of Michael Toliver sworn to May 12, 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 has failed to set forth facts demonstrating a meritorious appeal.
Entered: August 20, 2015
Frances E. Cafarell, Clerk