| IN THE MATTER OF THE STATE OF NEW YORK V DANIEL GIERSZEWSKI, A PATIENT IN THE CUSTODY OF THE OFFICE OF MENTAL HEALTH |
| Motion No: CA 09-00462 |
| Slip Opinion No: 2009 NYSlipOp 67583(U) |
| Decided on March 23, 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 09-00462
| IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT,
V DANIEL GIERSZEWSKI, A PATIENT IN THE CUSTODY OF THE OFFICE OF MENTAL HEALTH,
RESPONDENT-APPELLANT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on February 2, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Daniel Gierszewski sworn to March 2, 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, with leave to renew on or before April 23, 2009, upon proof of service on the Niagara County Attorney (CPLR 1101 [c]; 22 NYCRR 1000.14 [a]).
Entered: March 23, 2009
JoAnn M. Wahl, Clerk