Opinion
DOCKET NO. CA 12-01324
08-02-2012
IN THE MATTER OF KENNETH L. GASTON, PETITIONER-APPELLANT, v. JOHN P. LEMPKE, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, 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 June 6, 2012,
Now, upon reading and filing the affidavit of Kenneth L. Gaston sworn to June 11, 2012, 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]).
Frances E. Cafarell, Clerk