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

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

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

Date published: Aug 20, 2015

2015 N.Y. Slip Op. 82138 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-00581

08-20-2015

IN THE MATTER OF 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.

SCUDDER, P.J., LINDLEY, SCONIERS, VALENTINO, AND DEJOSEPH, JJ.

PRESENT:

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on November 28, 2014,

Now, upon reading and filing the affdavits of Michael Toliver sworn to May 12, 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.

Memorandum: Appellant has failed to set forth facts demonstrating a meritorious appeal.

Entered: August 20, 2015

Frances E. Cafarell, Clerk