IN THE MATTER OF QUINCY WADE V BRIAN S. FISCHER, ACTING COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, AND
Motion No: CA 08-01245
Slip Opinion No: 2008 NYSlipOp 80190(U)
Decided on August 13, 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.


August 13, 2008

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

DOCKET NO. CA 08-01245

IN THE MATTER OF QUINCY WADE, PETITIONER-APPELLANT,

V

BRIAN S. FISCHER, ACTING COMMISSIONER, NYS DEPARTMENT OF

CORRECTIONAL SERVICES, AND RONALD MOSICKI, SUPERINTENDENT

OF THE LAKEVIEW SHOCK INCARCERATION CORRECTIONAL FACILITY,

RESPONDENTS-RESPONDENTS.


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 Chautauqua on October 31, 2007, and for assignment of counsel,

Now, upon reading and filing the affidavit of Quincy Wade sworn to July 22, 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: August 13, 2008

JoAnn M. Wahl, Clerk