| IN THE MATTER OF JAMES WEST, ALSO KNOWN AS JAMES WESS V JOHN LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: TP 08-01202 |
| Slip Opinion No: 2008 NYSlipOp 79141(U) |
| Decided on July 29, 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 08-01202
| IN THE MATTER OF JAMES WEST, ALSO KNOWN AS JAMES WESS,
PETITIONER, V JOHN LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY,
RESPONDENT. |
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 May 30, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of James M. West sworn to June 11, 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: July 29, 2008
JoAnn M. Wahl, Clerk