| MATTER OF JAMES MCKNIGHT V BRIAN FISCHER, ACTING COMMISSIONER, AND DONALD SELSKY, DIRECTOR, SPECIAL HOUSING UNIT/INMATE |
| Motion No: CA 08-00111 |
| Slip Opinion No: 2008 NYSlipOp 68872(U) |
| Decided on April 8, 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 08-00111
| MATTER OF JAMES MCKNIGHT, PETITIONER-APPELLANT, V BRIAN
FISCHER, ACTING COMMISSIONER, AND DONALD SELSKY, DIRECTOR, SPECIAL HOUSING UNIT/INMATE DISCIPLINARY PROGRAM, NEW YORK STATE
DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS-RESPONDENTS. |
Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from a decision of the Supreme Court dated August 8, 2007,
Now, upon reading and filing the affidavit of James A. McKnight, III, sworn to January 31, 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: No appeal lies from a mere decision (see Pino v Harnischfeger, 42 AD3d 980; Kuhn v Kuhn, 129 AD2d 967).
Entered: April 8, 2008
JoAnn M. Wahl, Clerk