| IN THE MATTER OF RAFAEL URENA V SUSAN CONNELL, SUPERINTENDENT |
| Motion No: CA 08-00313 |
| Slip Opinion No: 2008 NYSlipOp 68877(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 08-00313
| IN THE MATTER OF RAFAEL URENA, PETITIONER-APPELLANT, V SUSAN
CONNELL, SUPERINTENDENT, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 5, 2007, and for other relief,
Now, upon reading and filing the statements of Rafael Urena dated November 26, 2007 and January 31, 2008, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, denied.
Memorandum: The order transferring petitioner's CPLR article 78 proceeding to this Court is not appealable as of right (see CPLR 5701 [b] [1]). Upon the transfer of the proceeding, this Court will consider all issues raised in the pleadings (see CPLR 7804 [g]; see also Matter of Chavis v Goord, 8 AD3d 786; Matter of Rossi v Portuondo, 275 AD2d 823, lv denied 96 NY2d 703).
Entered: April 8, 2008
JoAnn M. Wahl, Clerk