Opinion
Motion No: CA 14-01806
11-05-2014
IN THE MATTER OF WILLIAM MCKETHAN, PETITIONER-APPELLANT, v. DAVID STALLONE, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILTIY, RESPONDENT-RESPONDENT.
PRESENT: , 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 Cayuga on August 29, 2014,
Now, upon reading and filing the affidavit of William McKethan sworn to October 1, 2014, 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 filing and serving 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 1000.14 [a] [2]).
Memorandum: Assignment of counsel is not available.
Entered: November 5, 2014
Frances E. Cafarell, Clerk