| MATTER OF DAVID OHNMACHT, V THOMAS POOLE, SUPERINTENDENT, . |
| Motion No: CA 08-00287 |
| Slip Opinion No: 2008 NYSlipOp 72754(U) |
| Decided on May 19, 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 08-00287
| MATTER OF DAVID OHNMACHT, PETITIONER-RESPONDENT-APPELLANT,
V THOMAS POOLE, SUPERINTENDENT, RESPONDENT-APPELLANT-RESPONDENT. |
Respondent-appellant having renewed the motion 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 Seneca on February 8, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of David Ohnmacht 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 for permission to proceed as a poor person be, and the same hereby is, granted, and the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: May 19, 2008
JoAnn M. Wahl, Clerk