Opinion
2021-67224 Index No: 814674/2019
06-03-2021
IN THE MATTER OF EDWARD MITCHELL, PETITIONER-APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. Motion No. CA 21-00069
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Erie County, entered December 8, 2020,
Now, upon reading and filing the papers with respect to the motion, 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 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]).