| IN THE MATTER OF TIMOTHY REINARD V BRIAN FISCHER, COMMISSIONER OF DOCS, AND ANDREW M CUOMO, ATTORNEY GENERAL FOR THE |
| Motion No: CA 09-01429 |
| Slip Opinion No: 2009 NY Slip Op 81587(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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01429
| IN THE MATTER OF TIMOTHY REINARD, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER OF DOCS, AND ANDREW M CUOMO, ATTORNEY GENERAL FOR THE STATE OF NEW YORK,
RESPONDENTS-RESPONDENTS. |
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 Livingston on May 28, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Timothy S. Reinard sworn to July 29, 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 Livingston 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