| BERNABE ENCARNACION V SUSAN M. DWYER, CAYUGA COUNTY CLERK, KELLY J. WEJKO, CHIEF CLERK SUPREME COURT, JON E. BUDELMAN |
| Motion No: CA 15-01473 |
| Slip Opinion No: 2015 NY Slip Op 90289(U) |
| Decided on November 6, 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 15-01473
| BERNABE ENCARNACION, PETITIONER-APPELLANT, V SUSAN M. DWYER,
CAYUGA COUNTY CLERK, KELLY J. WEJKO, CHIEF CLERK SUPREME COURT, JON E. BUDELMAN, DISTRICT ATTORNEY AND JOSEPH A. D'AMICO,
SUPERINTENDENT, NEW YORK STATE POLICE, RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on August 6, 2015,
Now, upon reading and filing the affidavit of Bernabe Encarnacion sworn to October 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 failed to file and serve 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: November 6, 2015
Frances E. Cafarell, Clerk