IN THE MATTER OF YVETTE GIOVANNI V NEW YORK STATE DEPT. OF CORRECTIONAL SERVICES CENTRAL OFFICE REVIEW COMMITTEE, SUPT.
Motion No: CA 09-01258
Slip Opinion No: 2009 NY Slip Op 81572(U)
Decided on August 25, 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 25, 2009

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

DOCKET NO. CA 09-01258

IN THE MATTER OF YVETTE GIOVANNI, PETITIONER-APPELLANT,

V

NEW YORK STATE DEPT. OF CORRECTIONAL SERVICES CENTRAL

OFFICE REVIEW COMMITTEE, SUPT. WILLIAM POWERS, ET AL.,

ALBION CORRECTIONAL FACILITY, RESPONDENTS.


Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from a decision of the Supreme Court entered in the Office of the Clerk of the County of Orleans on March 13, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of Yvette Giovanni sworn to August 6, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Memorandum: A decision is not appealable (see Kuhn v Kuhn, 129 AD2d 967 [1987]).

Entered: August 25, 2009

Patricia L. Morgan, Clerk