IN THE MATTER OF MICHAEL TARDUNO V THOMAS STICHT, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, TINA M. STANFORD
Motion No: CA 16-01064
Slip Opinion No: 2016 NY Slip Op 80296(U)
Decided on July 14, 2016
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.


July 14, 2016

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

DOCKET NO. CA 16-01064
DOCKET NO. CA 16-01065

IN THE MATTER OF MICHAEL TARDUNO, PETITIONER-APPELLANT,

V

THOMAS STICHT, SUPERINTENDENT, GOWANDA CORRECTIONAL

FACILITY, TINA M. STANFORD, CHAIRWOMAN, NEW YORK STATE

BOARD OF PAROLE, RESPONDENTS-RESPONDENTS.

(APPEAL NO. 1.)

IN THE MATTER OF MICHAEL TARDUNO, PETITIONER-APPELLANT,

V

THOMAS STICHT, SUPERINTENDENT, GOWANDA CORRECTIONAL

FACILITY, TINA M. STANFORD, CHAIRWOMAN, NEW YORK STATE

BOARD OF PAROLE, RESPONDENTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellant having moved for permission to proceed as a poor person on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 18, 2015, and March 18, 2016,

Now, upon reading and filing the affidavit of Michael Tarduno sworn to April 25, 2016, 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 that includes 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: July 14, 2016

Frances E. Cafarell, Clerk