IN THE MATTER OF JAMES PERKINS V THE NEW YORK STATE DIVISION OF PAROLE,
Motion No: CA 09-00952
Slip Opinion No: 2009 NY Slip Op 76190(U)
Decided on June 22, 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.


June 22, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00952

IN THE MATTER OF JAMES PERKINS, PETITIONER-APPELLANT,

V

THE NEW YORK STATE DIVISION OF PAROLE, ET AL.,

RESPONDENTS-RESPONDENTS.


Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 26, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of James Perkins sworn to June 8, 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, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.

Memorandum: Assignment of counsel is not available.

Entered: June 22, 2009

Patricia L. Morgan, Clerk