SCUDDER

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 a judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on January 3, 2014, and having moved for assignment of counsel,

Now, upon reading and filing the affidavit of Andre Scott sworn to February 11, 2014, 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 filing and serving 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] [2]).

Memorandum: Assignment of counsel is not available.

Frances E. Cafarell, Clerk