IN THE MATTER OF THOMAS KAMINSKI V SUPERINTENDENT LEO E. PAYANT, NEW YORK STATE DEPARTMENT OF CORRECTIONS, -
Motion No: CA 09-01422
Slip Opinion No: 2009 NY Slip Op 86629(U)
Decided on October 21, 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.


October 21, 2009

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 assignment of counsel 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,

CA 09-01422

OCTOBER 21, 2009

PAGE 2

Now, upon reading and filing the affidavit of Thomas Kaminski sworn to September 8, 2009, the notice of motion with proof of service thereof, and due deliberation having been thereon,

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

Memorandum: Because this appeal involves CPLR article 78 proceedings, assignment of counsel is not available.

Entered: October 21, 2009

Patricia L. Morgan, Clerk