Opinion
Motion No: CA 11-02282
11-25-2011
IN THE MATTER OF PETER GRAZIANO, PETITIONER-APPELLANT, v. MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ANDREA W. EVANS, CHAIRPERSON, NEW YORK STATE DIVISION OF PAROLE AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 14, 2011,
Now, upon reading and filing the affidavit of Peter Graziano sworn to November 3, 2011, 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 the filing and service of a new motion with 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]).
Patricia L. Morgan, Clerk