| IN THE MATTER OF JAMES WEST V JOHN B. LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, CAPTAIN LAMONA, AND |
| Motion No: TP 08-00876 |
| Slip Opinion No: 2008 NYSlipOp 74723(U) |
| Decided on June 5, 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 08-00876
| IN THE MATTER OF JAMES WEST, PETITIONER, V JOHN B. LEMPKE,
SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, CAPTAIN LAMONA, AND LIEUTENANT GINNINO,
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 Seneca on April 17, 2008, and for other relief,
Now, upon reading and filing the affidavit of James M. West sworn to May 12, 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: June 5, 2008
JoAnn M. Wahl, Clerk