Toliver v. N.Y. State Dep't of Corr.

Full title: MICHEL TOLIVER, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 28, 2015

2015 N.Y. Slip Op. 71684 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-00582

04-28-2015

MICHEL TOLIVER, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING COMMISSIONER, ANTHONY ANNUCCI AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND SUPERVISION SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, MICHAEL SHEAHAN, RESPONDENTS-RESPONDENTS. (CLAIM NO. 48543.)

SCUDDER, P.J.

PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, County of Seneca, dated November 28, 2014, and for other relief,

Now, upon reading and filing the affidavit of Michel Toliver sworn to February 5, 2015, 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]).

Entered: April 28, 2015

Frances E. Cafarell, Clerk