IN THE MATTER OF THE STATE OF NEW YORK V KARL MUENCH, AN INMATE IN THE CUSTODY OF NEW YORK STATE DEPARTMENT OF
Motion No: CA 08-01301
Slip Opinion No: 2008 NYSlipOp 77343(U)
Decided on July 3, 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.


July 3, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-01301

IN THE MATTER OF THE STATE OF NEW YORK,

PETITIONER-RESPONDENT,

V

KARL MUENCH, AN INMATE IN THE CUSTODY OF NEW YORK STATE

DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT.


Appellant having moved 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 Oneida on May 8, 2008, and for assignment of counsel,

Now, upon reading and filing the affirmation of Janine E. Frank dated June 9, 2008, the affidavit of Karl J. Muench sworn to June 6, 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 J. Scott Porter, Esq., 78 Cayuga Street, P.O. Box 365, Seneca Falls, New York 13148 is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide J. Scott Porter, Esq. with a stenographic copy of the minutes upon which the appeal is based, and the court reporter shall be reimbursed for any transcripts pursuant to CPLR 1102 and Mental Hygiene Law 10.15.

Entered: July 3, 2008

JoAnn M. Wahl, Clerk