| IN THE MATTER OF THE APPLICATION OF DAKOTA A. SMITH #21-B-0081 V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK |
| Motion No: CA 23-00814 |
| Slip Opinion No: 2023 NY Slip Op 67609(U) |
| Decided on May 22, 2023 |
| 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, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 23-00814
Index No: 22-195
| IN THE MATTER OF THE APPLICATION OF DAKOTA A. SMITH #21-B-0081,
PETITIONER-APPELLANT, V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered January 23, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks poor person relief is denied, with leave to renew upon the filing and service of 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 1250.4 [d] [2] [i]).
Entered: May 22, 2023
Ann Dillon Flynn
Clerk of the Court