In the Matter of Salih Abdullah Petitioner v Brian Fischer as Commissioner of New York State Correctional Services Index No. 08-0527



In the Matter of Salih Abdullah Petitioner v Brian Fischer as Commissioner of New York State Correctional Services Index No. 08-0527
Motion No: 505130
Slip Opinion No: 2008 NYSlipOp 85253(U)
Decided on September 23, 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 23, 2008

Case # 505130


In the Matter of SALIH ABDULLAH, Petitioner,

v
BRIAN FISCHER, as Commissioner
of New York State Correctional Services, Respondent. Index No. 08-0527


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 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 24, 2008.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court