| IN THE MATTER OF TIMOTHY FLYTHE V MICHAEL CORCORAN, SUPERINTENDENT, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 09-02180 |
| Slip Opinion No: 2009 NY Slip Op 89050(U) |
| Decided on November 16, 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 09-02180
| IN THE MATTER OF TIMOTHY FLYTHE, PETITIONER-APPELLANT, V
MICHAEL CORCORAN, SUPERINTENDENT, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND NEW YORK STATE DIVISION OF PAROLE,
RESPONDENTS-RESPONDENTS. |
Appellant having moved 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 Cayuga on September 29, 2009, and for assignment of counsel,
Now, upon reading and filing the affidavit of Timothy Flythe sworn to October 19, 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 Cayuga 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: November 16, 2009
Patricia L. Morgan, Clerk