| IN THE MATTER OF COLLYER GOODMAN V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND BRIAN FISCHER |
| Motion No: TP 08-02052 |
| Slip Opinion No: 2008 NYSlipOp 88926(U) |
| Decided on November 6, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 08-02052
| IN THE MATTER OF COLLYER GOODMAN, PETITIONER, V JAMES L.
BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONAL SERVICES, RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 14, 2008, and for assignment of counsel,
Now, upon reading and filing the affidavit of Collyer Goodman sworn to October 14, 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: November 6, 2008
JoAnn M. Wahl, Clerk