IN THE MATTER OF ROMAN KEVILLY V SUSAN CONNELL, SUPERINTENDENT ONEIDA CORRECTIONAL FACILITY
Motion No: CA 08-02505
Slip Opinion No: 2008 NYSlipOp 92880(U)
Decided on December 23, 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.


December 23, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02505

IN THE MATTER OF ROMAN KEVILLY, PETITIONER-APPELLANT,

V

SUSAN CONNELL, SUPERINTENDENT ONEIDA CORRECTIONAL FACILITY,

RESPONDENT-RESPONDENT.


Appellant having moved 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 Oneida on October 9, 2008,

Now, upon reading and filing the affidavit of Roman Kevilly sworn to November 14, 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 Oneida 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 Oneida in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.

Entered: December 23, 2008

JoAnn M. Wahl, Clerk