In the Matter of Robert Mckinnon v Brian Fischer as Commission of Nys Correctional Services



In the Matter of Robert Mckinnon v Brian Fischer as Commission of Nys Correctional Services
Motion No: 507092
Slip Opinion No: 2009 NY Slip Op 77562(U)
Decided on July 2, 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: July 2, 2009

Case # 507092


In the Matter of ROBERT MCKINNON, Appellant,

v
BRIAN FISCHER, as Commission of NYS Correctional Services,
Respondent. (Index No 8094-08)


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 31, 2009.
CARDONA, P.J., MERCURE, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court