MATTER OF DARWIN FIFIELD, - V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 07-02404
Slip Opinion No: 2008 NYSlipOp 66150(U)
Decided on March 6, 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.


March 6, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-02404

MATTER OF DARWIN FIFIELD, PETITIONER-APPELLANT

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Appellant having renewed the motion 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 October 29, 2007, and for assignment of counsel,

Now, upon reading and filing the statement of Darwin J. Fifield, Sr. dated

February 11, 2008, 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 be, and the same hereby is, granted, and the motion is otherwise denied.

Memorandum: Assignment of counsel is not available.

Entered: March 6, 2008

JoAnn M. Wahl, Clerk