| IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: NOS. CA 08-00575 AND CA 08-00702 |
| Slip Opinion No: 2008 NYSlipOp 83440(U) |
| Decided on September 17, 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 NOS. CA 08-00575 AND CA 08-00702
| IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on January 28, 2008 and March 18, 2008,
Now, upon reading and filing the affidavit of Mitchell Kalwasinski sworn to August 19, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew on or before October 17, 2008 upon proof of service on the Attorney General and the Wyoming County Attorney (CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a]).
Entered: September 17, 2008
JoAnn M. Wahl, Clerk