In the Matter of Anthony Smith Petitioner v Brian Fischer as Commissioner of Correctional Services

Motion No: 505599

Slip Opinion No: 2008 NYSlipOp 91027(U)

Decided on November 26, 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 26, 2008

Case # 505599

In the Matter of ANTHONY SMITH, Petitioner, v BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person and for assignment of counsel.

Application for permission to appeal to this Court from judgment of Supreme Court dated August 26, 2008.

Upon the papers filed in support of the motion and application, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as a poor person and for assignment of counsel is granted, without costs, only to the extent that the filing fee required by CPLR 8022 is waived, and it is further

ORDERED that the application for permission to appeal is referred to Presiding Justice Cardona, who makes the following decision: Application denied, without costs, as unnecessary. The judgment sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
CARDONA, P.J., PETERS, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court