MATTER OF DARWIN FIFIELD, - V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 07-02404
Slip Opinion No: 2009 NYSlipOp 66994(U)
Decided on March 13, 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 13, 2009

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

DOCKET NO. CA 07-02404

MATTER OF DARWIN FIFIELD, PETITIONER-APPELLANT

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Appellant having moved for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on October 29, 2007,

Now, upon reading and filing the statement of Darwin J. Fifield, Sr. dated

February 28, 2009, 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, denied.

Memorandum: Assignment of counsel is not available.

Entered: March 13, 2009

JoAnn M. Wahl, Clerk