Opinion
DOCKET NO. CA 15-00694
07-14-2015
IN THE MATTER OF MICHAEL TOLIVER, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING COMMISSIONER, ANTHONY ANNUCCI, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, MICHAEL SHEAHAN, RESPONDENTS-RESPONDENTS.
PRESENT:
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on December 9, 2013, and having moved for permission to proceed as a poor person,
Now, upon reading and filing the affidavit of Michael Toliver sworn to May 26, 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 for permission to proceed as a poor person denied, with leave to renew upon filing and serving a new motion with a financial affidavit of appellant setting forth the amount and sources of the appellant's income, that the appellant is unable to pay the costs, fees and expenses necessary to prosecute the appeal, and whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay such costs, fees and expenses (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a] [1]), and
It is further ORDERED that the motion to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before September 14, 2015.
Entered: July 14, 2015
Frances E. Cafarell, Clerk