| IN THE MATTER OF LOUIS HAIRSTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 08-00048 |
| Slip Opinion No: 2008 NYSlipOp 64987(U) |
| Decided on February 26, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00048
| IN THE MATTER OF LOUIS HAIRSTON, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 3, 2007, for assignment of counsel, for extension of time to perfect the appeal, and for other relief,
Now, upon reading and filing the affidavits of Louis Hairston sworn to January 17, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for an extension of time be, and the same hereby is, dismissed as unnecessary, and
It is further ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and the motions are otherwise denied.
Memorandum: Assignment of counsel is not available on an appeal in a CPLR article 78 proceeding. The Court's grant of permission to proceed as a poor person authorizes petitioner to proceed on the minimum number of copies of the record and his brief (see 22 NYCRR 1000.14 [c]).
Entered: February 26, 2008
JoAnn M. Wahl, Clerk