| IN THE MATTER OF ANTHONY MEDINA V H. D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: CA 08-00678 |
| Slip Opinion No: 2008 NYSlipOp 88947(U) |
| Decided on November 10, 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. CA 08-00678
| IN THE MATTER OF ANTHONY MEDINA, PETITIONER-APPELLANT, V H.
D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on March 6, 2008,
Now, upon reading and filing the affidavit of Anthony Medina sworn to September 19, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and
It is further ORDERED that the Clerk of the County of Cayuga is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Cayuga in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: November 10, 2008
JoAnn M. Wahl, Clerk