| IN THE MATTER OF DAVID MECK V TINA M. STANFORD, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, |
| Motion No: CA 16-01149 |
| Slip Opinion No: 2016 NY Slip Op 88385(U) |
| Decided on October 12, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01149
| IN THE MATTER OF DAVID MECK, PETITIONER-APPELLANT, V TINA M.
STANFORD, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, ET AL., RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 5, 2016,
Now, upon reading and filing the affidavit of David Meck sworn to September 9, 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 on the grounds that appellant failed to include 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]), and a financial affidavit setting forth 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: October 12, 2016
Frances E. Cafarell, Clerk