Opinion
DOCKET NO. KAH 18-02348
01-15-2019
THE PEOPLE OF THE STATE OF NEW YORK EX REL. SCOTT PERNESKY, PETITIONER-APPELLANT, v. TODD BAXTER, MONROE COUNTY SHERIFF, RESPONDENT-RESPONDENT.
PRESENT:
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court, Monroe County,
Now, upon reading and filing the affirmation of Drew R. DuBrin, Esq., dated December 12, 2018, the affidavit of Scott W. Pernesky sworn to December 10, 2018, 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 insofar as it seeks permission to proceed as a poor person, and
It is further ORDERED that the motion is dismissed insofar as it seeks assignment of counsel.
Memorandum: Petitioner has failed to set forth sufficient facts to demonstrate merit to the appeal, inasmuch as he "has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus" (People ex rel. McGann v Ross, 91 NY2d 865, 865 [1997]; cf. People ex rel. McManus v Horn, 18 NY3d 660, 663-664 [2012]).
Entered: January 15, 2019
Mark W. Bennett, Clerk