| IN THE MATTER OF ANTHONY BONILLA V BRIAN FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, DEBRA JOY |
| Motion No: CA 08-02437 |
| Slip Opinion No: 2008 NYSlipOp 91626(U) |
| Decided on December 4, 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 08-02437
| IN THE MATTER OF ANTHONY BONILLA, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, DEBRA JOY, DIRECTOR, TEMPORARY RELEASE PROGRAMS, WARREN
BARKLEY, SUPERINTENDENT OF CAPE VINCENT CORRECTIONAL FACILITY; ET AL. (THE MEMBERS OF THE INSTANT TEMPORARY RELEASE COMMITTEE),
RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on September 22, 2008,
Now, upon reading and filing the affidavit of Anthony Bonilla sworn to October 17, 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 Jefferson 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 Jefferson in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: December 4, 2008
JoAnn M. Wahl, Clerk