| IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: NOS. CA 08-00575 AND CA 08-00702 |
| Slip Opinion No: 2008 NYSlipOp 88966(U) |
| Decided on November 12, 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 NOS. CA 08-00575 AND CA 08-00702
| IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having renewed the motion for permission to proceed as a poor person on the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on January 28, 2008 and March 18, 2008,
Now, upon reading and filing the affidavit of Mitchell Kalwasinski sworn to October 2, 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 Wyoming 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 Wyoming in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: November 12, 2008
JoAnn M. Wahl, Clerk