| IN THE MATTER OF DAVID DUDAS V BRIAN FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 09-00557 |
| Slip Opinion No: 2009 NYSlipOp 68346(U) |
| Decided on March 30, 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 09-00557
| IN THE MATTER OF DAVID DUDAS, PETITIONER-APPELLANT, V BRIAN
FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT. |
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 Wyoming on February 11, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of David Dudas sworn to March 11,2009, 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 Wyoming is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.
Memorandum: Assignment of counsel is not available.
Entered: March 30, 2009
JoAnn M. Wahl, Clerk