| PEOPLE EX REL. CHARLES ALLAWAY V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND GLENN S. |
| Motion No: CA 07-01432 |
| Slip Opinion No: 2008 NYSlipOp 70670(U) |
| Decided on April 28, 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 07-01432
| PEOPLE OF THE STATE OF NEW YORK EX REL. CHARLES ALLAWAY,
PETITIONER-APPELLANT, V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND GLENN S. GOORD,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on April 27, 2007, and for assignment of counsel,
Now, upon reading and filing the affidavit of Charles Allaway sworn to April 8, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Marcus J. Mastracco dated April 18, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and the motion is otherwise denied, on condition that appellant perfect the appeal on or before June 27, 2008.
Memorandum: Assignment of counsel is not available.
Entered: April 28, 2008
JoAnn M. Wahl, Clerk