Opinion
Motion No: 523563
10-27-2016
JOEL WINKLER JR., Respondent, v. BRIAN SIMMONS, Appellant.
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 the papers filed in opposition thereto, it is
ORDERED that the motion for permission to proceed as a poor person is denied, without costs, on the ground that the papers fail to set forth sufficient facts so that the merit of the contentions underlying the appeals can be ascertained, as required by CPLR 1101 (a), and it is further
ORDERED that the motion for assignment of counsel is denied, without costs.
Peters, P.J., Garry, Egan Jr. and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court