IN THE MATTER OF PAUL ZIGLER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPT. OF CORRECTIONAL SERVICES
Motion No: CA 09-01239
Slip Opinion No: 2009 NY Slip Op 81421(U)
Decided on August 3, 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.


August 3, 2009

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

DOCKET NO. CA 09-01239

IN THE MATTER OF PAUL ZIGLER, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPT. OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on April 7, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of Paul Zigler sworn to July 14, 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 Orleans 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: August 3, 2009

Patricia L. Morgan, Clerk