Opinion
Motion No: CA 14-01294
10-30-2014
IN THE MATTER OF CHARLIE MIXON, PETITIONER-APPELLANT, v. JAMES D. HESSEL, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person 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 13, 2014,
Now, upon reading and filing the affidavit of Charlie Mixon sworn to September 23, 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. Appellant failed to provide 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]).
Entered: October 30, 2014
Frances E. Cafarell, Clerk