In the Matter of Donovan Cunningham v Brian S. Fischer as Commissioner of New York State Department of Correctional Services Index No. 8230- 07



In the Matter of Donovan Cunningham v Brian S. Fischer as Commissioner of New York State Department of Correctional Services Index No. 8230-07
Motion No: 504434
Slip Opinion No: 2008 NYSlipOp 70091(U)
Decided on April 17, 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: April 17, 2008

Case # 504434


In the Matter of DONOVAN CUNNINGHAM,
Appellant,

v
BRIAN S. FISCHER, as Commissioner
of New York State Department of Correctional Services,
Respondent. Index No. 8230-07


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person.

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, one signed original and six typewritten copies of the appellant's brief. Appellant's time to perfect appeal extended to June 16, 2008.
CARDONA, P.J., MERCURE, PETERS, CARPINELLO and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court