Opinion
Motion No: CA 11-01709
09-14-2011
IN THE MATTER OF STEPHEN P. BROOKS, PETITIONER-APPELLANT, v. DONALD LIVINGSTON, FIRST DEPUTY SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person and assignment of counsel 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 August 12, 2011,
Now, upon reading and filing the affidavit of Stephen Brooks sworn to August 5, 2011, 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