In the Matter of Jeffrey M. Herber v Debra Joy as Director of Temporary Release Program Index No. 307-08

Motion No: 505161

Slip Opinion No: 2008 NYSlipOp 84803(U)

Decided on September 2, 2008

Appellate Division, Third 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.

Decided and Entered: September 2, 2008

Case # 505161

In the Matter of JEFFREY M. HERBER, Appellant, v DEBRA JOY, as Director of Temporary Release Program, Respondent. Index No. 307-08

DECISION AND ORDER ON MOTION

Application for permission to proceed as a poor person and for assignment of counsel.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED, that the application for permission to proceed as a poor person is granted, without costs, to the extent that the filing fee required by CPLR 8022 is waived and the appeal may be perfected upon the original papers filed in the office of the county clerk, one signed original and six typewritten copies of the appellant's brief. Application for assignment of counsel denied, without costs. Appellant's time to perfect appeal extended to November 3, 2008.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court