IN THE MATTER OF JAMES D. JOHNSON V ONONDAGA COUNTY SHERIFF'S DEPARTMENT, NEW YORK STATE DIVISION OF PAROLE, AND NEW
Motion No: CA 09-02485
Slip Opinion No: 2009 NY Slip Op 91534(U)
Decided on December 14, 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.


December 14, 2009

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

DOCKET NO. CA 09-02485

IN THE MATTER OF JAMES D. JOHNSON, PETITIONER-APPELLANT,

V

ONONDAGA COUNTY SHERIFF'S DEPARTMENT,

NEW YORK STATE DIVISION OF PAROLE, AND NEW YORK STATE

DEPARTMENT OF CORRECTIONAL SERVICES OFFICE OF SENTENCING

AND REVIEW, RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 21, 2009, and for assignment of counsel,

Now, upon reading and filing the affidavit of James D. Johnson sworn to December 1, 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 Onondaga 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: December 14, 2009

Patricia L. Morgan, Clerk