| IN THE MATTER OF LIONEL ENGLAND V WARREN D. BARKLEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY AND NEW YORK |
| Motion No: TP 09-00335 |
| Slip Opinion No: 2009 NYSlipOp 68347(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. TP 09-00335
| IN THE MATTER OF LIONEL ENGLAND, PETITIONER, V WARREN D.
BARKLEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY AND NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS. |
Petitioner having moved for permission to proceed as a poor person on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on February 3, 2009, for assignment of counsel, and for an extension of time to file and serve his brief,
Now, upon reading and filing the affidavit of Lionel England sworn to March 5, 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, petitioner shall file and serve his brief on or before April 30, 2009, and the motion is otherwise denied, and
It is further ORDERED that the respondents' briefs shall be filed and served on or before June 4, 2009.
Memorandum: Assignment of counsel is not available.
Entered: March 30, 2009
JoAnn M. Wahl, Clerk