In the Matter of Michael Martin v William Brown as Superintendent of Eastern Correctional Facility Department of Corrections



In the Matter of Michael Martin v William Brown as Superintendent of Eastern Correctional Facility Department of Corrections
Motion No: 507506
Slip Opinion No: 2009 NY Slip Op 84296(U)
Decided on September 11, 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: September 11, 2009

Case # 507506


In the Matter of MICHAEL MARTIN, Respondent,

v
WILLIAM BROWN, as Superintendent of Eastern Correctional Facility, Department of Corrections, Appellant. (Index No. 08-5273)


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. Application for assignment of counsel denied, without costs. Respondent shall file and serve a responding brief on or before October 5, 2009.
CARDONA, P.J., PETERS, SPAIN, ROSE and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court