| IN THE MATTER OF DESHAWN DONELY V ANTHONY J. ANNUCCI, COMMISSIONER OF DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 17-01243 |
| Slip Opinion No: 2017 NY Slip Op 81601(U) |
| Decided on July 31, 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 17-01243
| IN THE MATTER OF DESHAWN DONELY, PETITIONER-APPELLANT, V
ANTHONY J. ANNUCCI, COMMISSIONER OF 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 Seneca on March 29, 2017, and for other relief,
Now, upon reading and filing the affidavit of Deshawn Donely sworn to June 30,2017, 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: July 31, 2017
Frances E. Cafarell, Clerk