In the Matter of Roy Cruz v Raymond Cunningham as Superintendent of Woodbourne Correctional Facility et Al



In the Matter of Roy Cruz v Raymond Cunningham as Superintendent of Woodbourne Correctional Facility et Al
Motion No: 506995
Slip Opinion No: 2009 NY Slip Op 74977(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 # 506995


In the Matter of ROY CRUZ,
Appellant,

v
RAYMOND CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, et al,
Respondent.
(Index No 4808-08)


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person and for assignment of counsel.

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 appeal may be perfected upon the original papers filed in the office of the county clerk, one signed original and six typewritten copies of the appellant's brief. Application for assignment of counsel denied, without costs. Appellant's time to perfect appeal extended to August 3, 2009.
CARDONA, P.J., MERCURE, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court