Opinion
DOCKET NO. CA 13-00007
01-23-2013
IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT, v. MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for leave to appeal to this Court from a judgment (denominated order) of the Erie County Supreme Court dated November 7, 2012, having moved for permission to proceed as a poor person, and having moved for other relief,
Now, upon reading and filing the affidavits of Manuel Mosley sworn to November 27, 2012, and December 28, 2012, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks leave to appeal to this Court is denied, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and other relief is dismissed with leave to renew the motion upon the timely filing and service of the notice of appeal.
Frances E. Cafarell, Clerk