IN THE MATTER OF ERIC A. FULLER V NEW YORK STATE ATTORNEY GENERAL, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 19-02092
Slip Opinion No: 2019 NY Slip Op 85507(U)
Decided on December 2, 2019
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.


December 2, 2019

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

CA 19-02092

IN THE MATTER OF ERIC A. FULLER, PETITIONER-APPELLANT,

V

NEW YORK STATE ATTORNEY GENERAL, NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND COMMUNITY SUPERVISION,

SUPERINTENDENT MCCARTHY, AUBURN SPECIAL HOUSING SUPERVISOR,

RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to proceed as a poor person and to vacate dismissal of the appeal taken herein from an order of the Supreme Court, Cayuga County, entered November 1, 2018,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied, with leave to renew upon the filing and service of new motions 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 1250.4 [d] [2] [i]).

Entered: December 2, 2019

Mark W. Bennett

Clerk of the Court