| IN THE MATTER OF ANDREW PRATT V DONALD SAWYER, DIRECTOR, CNYPC |
| Motion No: CA 09-00029 |
| Slip Opinion No: 2009 NYSlipOp 62206(U) |
| Decided on January 22, 2009 |
| 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 09-00029
| IN THE MATTER OF ANDREW PRATT, PETITIONER-APPELLANT, V DONALD
SAWYER, DIRECTOR, CNYPC, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on October 29, 2008, for permission to proceed as a poor person, and for assignment of counsel,
Now, upon reading and filing the affidavit of Andrew Pratt sworn to December 31, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and the motion is otherwise denied, 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.
Memorandum: Assignment of counsel is not available, and permission to appeal is not necessary (see CPLR 5701 [a] [1]).
Entered: January 22, 2009
JoAnn M. Wahl, Clerk