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

DOCKET NO. CA 09-01422

IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V SUPERINTENDENT LEO E. PAYANT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT (PROCEEDING NO. 1.) IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2) IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT. (PROCEEDING NO. 3.) IN THE MATTER OF THOMAS KAMINSKI, PETITIONER-APPELLANT, V SUPERINTENDENT CALVIN RAPSATT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 4)

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 Oneida on May 7, 2009, and for assignment of counsel,

CA 09-01422

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AUGUST 25, 2009

Now, upon reading and filing the affidavit of Thomas Kaminski sworn to August 10,

2009, the notice of motion with proof of service thereof, and due deliberation having been 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: August 25, 2009

Patricia L. Morgan, Clerk