In the Matter of Anthony Smith Petitioner v Brian Fischer as Commissioner of Correctional Services



In the Matter of Anthony Smith Petitioner v Brian Fischer as Commissioner of Correctional Services
Motion No: 505599
Slip Opinion No: 2009 NY Slip Op 74951(U)
Decided on June 8, 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 8, 2009

Case # 505599


In the Matter of ANTHONY SMITH, Petitioner,

v
BRIAN FISCHER, as Commissioner of Correctional Services,
Respondent.
(Index No. 3681-08)


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED, that the application for permission to proceed as a poor person is granted, without costs, to the extent that 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 the petitioner's brief. Petitioner's time to perfect appeal extended to August 7, 2009.
CARDONA, P.J., MERCURE, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court