Fuller v. N.Y. State Attorney Gen.

Full title: IN THE MATTER OF ERIC A. FULLER, PETITIONER-APPELLANT, v. NEW YORK STATE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 2, 2019

2019 N.Y. Slip Op. 85507 (N.Y. App. Div. 2019)

Opinion

CA 19-02092

12-02-2019

IN THE MATTER OF ERIC A. FULLER, PETITIONER-APPELLANT, v. NEW YORK STATE ATTORNEY GENERAL, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, SUPERINTENDENT MCCARTHY, AUBURN SPECIAL HOUSING SUPERVISOR, RESPONDENTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved for permission to proceed as a poor person and to vacate dismissal of the appeal taken herein from an order of the Supreme Court, Cayuga County, entered November 1, 2018,

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied, with leave to renew upon the filing and service of new motions that includes, among other things, an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1250.4 [d] [2] [i]).

Entered: December 2, 2019

Mark W. Bennett

Clerk of the Court