| In the Matter of Kevin Small Petitioner v Brian Fischer as Commissioner of Correctional Services et Index No. 07- 5185 |
| Motion No: 505291 |
| Slip Opinion No: 2008 NYSlipOp 85156(U) |
| Decided on September 17, 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 17, 2008
Case #
505291
In the Matter of KEVIN SMALL, Petitioner, v | DECISION AND ORDER |
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 proceeding may be perfected upon the original papers filed in the office of the
county clerk, one signed original and six typewritten copies of the petitioner's brief. Application for assignment of counsel denied,
without costs. Petitioner's time to perfect proceeding extended to November 3, 2008.
CARDONA, P.J., SPAIN,
CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court