| 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 82840(U) |
| Decided on August 26, 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 15-01086
| 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. |
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on May 28, 2015,
Now, upon reading and filing the affidavit of Benjamin Justin Brownlee sworn to August 1, 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: August 26, 2015
Frances E. Cafarell, Clerk