| IN THE MATTER OF STEPHEN E. SWANTON V COUNTY OF HERKIMER SHERIFF'S DEPARTMENT, SHERIFF SCOTT SCHERER, CHIEF ADAMS, INV. |
| Motion No: CA 25-00950 |
| Slip Opinion No: 2025 NY Slip Op 71624(U) |
| Decided on June 16, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-00950
| IN THE MATTER OF STEPHEN E. SWANTON, PETITIONER, V COUNTY OF
HERKIMER SHERIFF'S DEPARTMENT, SHERIFF SCOTT SCHERER, CHIEF ADAMS, INV. M. MASI, DEPUTY J. SERVIDONE, SGT. DRAKE, HERKIMER COUNTY
DISTRICT ATTORNEY'S OFFICE, RESPONDENTS. |
Petitioner 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, Herkimer County, entered July 12, 2024,
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 is denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1250.10 [c]).
Memorandum: Assignment of counsel is not available.
Entered: June 16, 2025
Ann Dillon Flynn
Clerk of the Court