IN THE MATTER OF JEROME WRIGHT V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
Motion No: CA 08-01908
Slip Opinion No: 2008 NYSlipOp 83921(U)
Decided on September 22, 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.


September 22, 2008

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

DOCKET NO. CA 08-01908

IN THE MATTER OF JEROME WRIGHT, PETITIONER-APPELLANT,

V

JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY, ET AL., RESPONDENTS-RESPONDENTS.


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 Erie on June 26, 2008, and for assignment of counsel,

Now, upon reading and filing the affidavit of Jerome Wright sworn to September 9, 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: September 22, 2008

JoAnn M. Wahl, Clerk