McCarthy

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person and for assignment of counsel.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, on the ground that the motion papers fail to set forth sufficient facts so that the merit of the contentions underlying the appeal can be ascertained, as required by CPLR 1101 (a).

McCarthy, J.P., Garry, Rose and Egan Jr., JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court