In the Matter of John Prendergast v State of New York Department of Corrections



In the Matter of John Prendergast v State of New York Department of Corrections
Motion No: 503884
Slip Opinion No: 2008 NYSlipOp 62025(U)
Decided on January 17, 2008
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered: January 17, 2008

Case # 503884


In the Matter of JOHN PRENDERGAST, Appellant,

v
STATE OF NEW YORK DEPARTMENT OF CORRECTIONS,
Respondent. (Index No. 3086-07)


DECISION AND ORDER
ON MOTION


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

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED, that the application for permission to proceed as a poor person is granted, without costs, to the extent that the filing fee required by CPLR 8022 is waived and the may be perfected upon the original papers filed in the office of the county clerk, one signed original and six typewritten copies of the appellant's brief. Application for assignment of counsel denied, without costs. Appeal deemed timely filed.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court