In the Matter of Joseph Wigfall v Brian Fischer as Commissioner of Correctional Services.

Motion No: 505946

Slip Opinion No: 2009 NYSlipOp 64039(U)

Decided on February 17, 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: February 17, 2009

Case # 505946

In the Matter of JOSEPH WIGFALL, Appellant, 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.

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

ORDERED that the motion is granted, without costs, only to the extent that the appeal may be perfected upon one copy of a record on appeal and one signed original and six copies of a brief and appendix or seven copies of a record on appeal and one signed original and six copies of a brief, and the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motion for assignment of counsel is denied, without costs.
CARDONA, P.J., PETERS, LAHTINEN, MALONE JR. and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court