| In the Matter of John D. Justice Petitioner v Brian Fischer as Commissioner of Correctional Services |
| Motion No: 506876 |
| Slip Opinion No: 2009 NY Slip Op 74335(U) |
| Decided on June 4, 2009 |
| Appellate Division, Third 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. |
Decided and Entered: June 4, 2009
Case #
506876
In the Matter of JOHN D. JUSTICE, Petitioner, v Respondent. | DECISION AND ORDER ON MOTION |
Motion for permission to proceed as a poor person and for substitution of counsel.
Upon the papers filed in
support of the motion and the papers filed in opposition and in response thereto, it is
ORDERED that the motion for substitution of
counsel is denied, without costs, and it is further
ORDERED that the motion for permission to proceed as a poor person is granted,
without costs, to the extent the filing fee required by CPLR 8022 is waived and the proceeding may be perfected upon the original papers filed in
the office of the County Clerk, one signed original and six typewritten copies of petitioner's brief. Petitioner's time to perfect the proceeding is
extended to August 3, 2009.
PETERS, J.P., SPAIN, LAHTINEN, KAVANAGH and McCARTHY, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court