Winkler v. Simmons

Full title: JOEL WINKLER JR., Respondent, v. BRIAN SIMMONS, Appellant.

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

Date published: Jan 12, 2017

2017 N.Y. Slip Op. 61033 (N.Y. App. Div. 2017)

Opinion

Motion No: 523563

01-12-2017

JOEL WINKLER JR., Respondent, v. BRIAN SIMMONS, Appellant.

Garry, J.P., Egan Jr., Lynch and Mulvey, JJ., concur.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person and for assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion for permission to proceed as a poor person is denied, without costs, on the ground that the motion papers fail to set forth sufficient facts so that the merit of the contentions underlying the appeals can be ascertained, as required by CPLR 1101 (a), and it is further

ORDERED that the motion for assignment of counsel is denied, without costs.

Garry, J.P., Egan Jr., Lynch and Mulvey, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court