In the Matter of Dana Gibson v Brian Fischer as Commissioner of New York State Department of Correctional Services et Index No. 4222- 07



In the Matter of Dana Gibson v Brian Fischer as Commissioner of New York State Department of Correctional Services et Index No. 4222-07
Motion No: 504151
Slip Opinion No: 2008 NYSlipOp 66481(U)
Decided on March 13, 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: March 13, 2008

Case # 504151


In the Matter of DANA GIBSON,
Appellant,

v
BRIAN FISCHER, as Commissioner
of New York State Department of Correctional Services, et al.,
Respondents. Index No. 4222-07


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person and for assignment 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 appeal may be perfected upon the original papers filed in the office of the county clerk and one handwritten appellant's brief together with proof of service of a copy upon respondent. Application for assignment of counsel denied, without costs. Appellant's time to perfect appeal extended to April 28, 2008.
CARDONA, P.J., PETERS, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court