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 88346(U)
Decided on October 21, 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.


October 21, 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,

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 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, and for leave to appeal to the Court of Appeals,

Now, upon reading and filing the affidavit of Benjamin Justin Brownlee, Esq., sworn to September 15, 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 on the ground that the facts set forth by petitioner fail to demonstrate merit to the proceeding.

Entered: October 21, 2015

Frances E. Cafarell, Clerk