| IN THE MATTER OF JOHN HOGAN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 10-00412 |
| Slip Opinion No: 2010 NY Slip Op 69896(U) |
| Decided on April 27, 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. CA 10-00412
Index No. 20,872-09
| IN THE MATTER OF JOHN HOGAN, PETITIONER-APPELLANT, V BRIAN
FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT. |
Appellant having renewed the motion for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 17, 2009,
Now, upon reading and filing the affidavit of John Hogan sworn to March 18, 2010, 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 is granted, and appellant may prosecute the appeal upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529 and appellant shall not be required to pay a filing fee (see 22 NYCRR 1000.14 [d]).
It is further ORDERED that the Clerk of Wyoming County is directed to provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based.
Entered: April 27, 2010
Patricia L. Morgan, Clerk