Opinion
Motion No CA 23-00814 Index No. 22-195
05-22-2023
IN THE MATTER OF THE APPLICATION OF DAKOTA A. SMITH #21-B-0081, PETITIONER-APPELLANT, v. ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, Wyoming County, entered January 23, 2023, 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 insofar as it seeks poor person relief 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]).