PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-01836

IN THE MATTER OF ANGEL SANTIAGO, 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 September 22, 2015,

Now, upon reading and filing the affidavit of Adam W. Koch, Esq., sworn to October 28, 2015, and the affidavit of Angel Santiago sworn to October 16, 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, with leave to renew upon filing and serving a new motion with an affidavit setting forth, among other things, the amount and sources of the appellant's income and listing appellant's property with its value, that the appellant is unable to pay the costs, fees and expenses necessary to prosecute the appeal, and whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay such costs, fees and expenses (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]).

Entered: November 17, 2015

Frances E. Cafarell, Clerk