| IN THE MATTER OF WILFREDO POLANCO V BRIAN FISCHER, COMMISSIONER, NORMAN R. BEZIO, DISCIPLINARY, AND B. CHUTTEY, HEARING |
| Motion No: CA 09-00765 |
| Slip Opinion No: 2009 NY Slip Op 75462(U) |
| Decided on June 16, 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 09-00765
| IN THE MATTER OF WILFREDO POLANCO, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NORMAN R. BEZIO, DISCIPLINARY, AND B. CHUTTEY, HEARING OFFICER,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on March 9, 2009, for permission to proceed as a poor person, and for assignment of counsel,
Now, upon reading and filing the statement of Wilfredo Polanco dated May 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.
Memorandum: Insofar as the motion seeks leave to appeal to this Court, it is denied because the appeal lies as of right. Petitioner has 30 days from the service of our order with notice of entry to file and serve a notice of appeal (see CPLR 5514 [a]; Matter of Sawma v Bane, 197 AD2d 938 [1993], appeal dismissed 82 NY2d 882 [1993], rearg denied 83 NY2d 846, 1001 [1994]). Assignment of counsel is not available.
Entered: June 16, 2009
Patricia L. Morgan, Clerk