In the Matter of Benjamin Lowman v Brian Fischer as Commissioner of Correctional Services Index No. 5904-08



In the Matter of Benjamin Lowman v Brian Fischer as Commissioner of Correctional Services Index No. 5904- 08
Motion No: 505976
Slip Opinion No: 2009 NYSlipOp 61133(U)
Decided on January 8, 2009
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: January 8, 2009

Case # 505976


In the Matter of BENJAMIN LOWMAN, Appellant,

v
BRIAN FISCHER, as Commissioner
of Correctional Services,
Respondent. Index No. 5904-08


DECISION AND ORDER
ON MOTION


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

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. Application for assignment of counsel denied, without costs. Appellant's time to perfect appeal extended to March 9, 2009.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court