THE PEOPLE EX REL. JAMES CURRY V DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: KAH 09-00114
Slip Opinion No: 2009 NYSlipOp 65621(U)
Decided on March 3, 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.


March 3, 2009

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

KAH 09-00114
Index No: 20,687-08

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

JAMES CURRY, PETITIONER-APPELLANT,

V

DEPARTMENT OF CORRECTIONAL SERVICES,

RESPONDENT-RESPONDENT.


Petitioner having moved to proceed pro se on the appeal taken from a judgment of the Supreme Court, Wyoming County, rendered December 1, 2008,

Now, upon reading and filing the statement of James Curry, dated January 27, 2009, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the order of this Court entered February 2, 2009 is vacated, and petitioner may prosecute his appeal as a poor person pro se, and

It is further ORDERED that the Clerk of the County of Wyoming is hereby directed to provide petitioner with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based.

Entered: March 3, 2009

JoAnn M. Wahl, Clerk