| IN THE MATTER OF THOMAS BARTLETT V FELIX ROSA, COMMISSIONER, NEW YORK STATE DIVISION OF PAROLE,. |
| Motion No: TP 09-02523 |
| Slip Opinion No: 2010 NY Slip Op 61979(U) |
| Decided on January 12, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. TP 09-02523
| IN THE MATTER OF THOMAS BARTLETT, PETITIONER, V FELIX ROSA,
COMMISSIONER, NEW YORK STATE DIVISION OF PAROLE,RESPONDENT. |
Appellant having moved for permission to proceed as a poor person, for assignment of counsel and for and extension of time to perfect 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 December 9, 2009,
Now, upon reading and filing the affidavit of Thomas Barlett sworn to December 23, 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
It is hereby 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, and
It is further ORDERED that the motion for an extension of time to perfect the appeal is, granted, and appellant shall perfect the appeal on or before February 10, 2010 and, in the event of failure to perfect, the appeal is dismissed without further order, and the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: January 12, 2010
Patricia L. Morgan, Clerk