| IN THE MATTER JERRY ADAMS V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 17-00587 |
| Slip Opinion No: 2017 NY Slip Op 70255(U) |
| Decided on April 10, 2017 |
| 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 17-00587
| IN THE MATTER JERRY ADAMS, PETITIONER-APPELLANT, V ANTHONY J.
ANNUCCI, ACTING COMMISSIONER, NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND SUSAN KICKBUSH,
SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, 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 Erie on February 7, 2017,
Now, upon reading and filing the affidavit of Jerry Adams sworn to March 13, 2017, 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, among other things, 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: April 10, 2017
Frances E. Cafarell, Clerk