| IN THE MATTER OF LEONARDO MALDONADO V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES . |
| Motion No: TP 08-00777 |
| Slip Opinion No: 2008 NYSlipOp 72233(U) |
| Decided on May 12, 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. TP 08-00777
| IN THE MATTER OF LEONARDO MALDONADO, PETITIONER, V BRIAN
FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES, ET AL., RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on March 24, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of Leonardo Maldonado sworn to April 23, 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: Poor person relief is not necessary in a transferred CPLR article 78 proceeding, and assignment of counsel is not available.
Entered: May 12, 2008
JoAnn M. Wahl, Clerk