In the Matter of Dominic Franza v William Lape as Superintendent of Coxsackie Correctional Facility Index No. 08- 1386



In the Matter of Dominic Franza v William Lape as Superintendent of Coxsackie Correctional Facility Index No. 08- 1386
Motion No: 505637
Slip Opinion No: 2008 NYSlipOp 89108(U)
Decided on November 13, 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: November 13, 2008

Case # 505637


In the Matter of DOMINIC FRANZA, Appellant,

v
WILLIAM LAPE, as Superintendent
of Coxsackie Correctional Facility, Respondent. Index No. 08-1386


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person.

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 appeal may be perfected upon the original papers filed in the office of the county clerk, one signed original and six typewritten copies of the appellant's brief. Appellant's time to perfect appeal extended to January 13, 2009.
CARDONA, P.J., PETERS, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court