| MATTER OF ERNEST WEST, - V BRIAN FISCHER COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 07-01623 |
| Slip Opinion No: 2008 NYSlipOp 66153(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-01623
| MATTER OF ERNEST WEST, PETITIONER-APPELLANT V BRIAN FISCHER
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, DEFENDANT-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 July 10, 2007, and for assignment of counsel,
Now, upon reading and filing the statement of Ernest West dated February 5, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Appellant has failed to provide proof of service on all parties and the Wyoming County Attorney (CPLR 1101 [a],[c]; 22 NYCRR 1000.14[a]).
Entered: March 6, 2008
JoAnn M. Wahl, Clerk