In the Matter of Darren Staton v Bruce Yelich as Superintendent of Bare Hill Correctional Facility Index No. 2008-1140



In the Matter of Darren Staton v Bruce Yelich as Superintendent of Bare Hill Correctional Facility Index No. 2008-1140
Motion No: 505377
Slip Opinion No: 2008 NYSlipOp 85255(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 # 505377


In the Matter of DARREN STATON, Appellant,

v
BRUCE YELICH, as Superintendent
of Bare Hill Correctional Facility, Respondent. Index No. 2008-1140


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