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

DOCKET NO. CA 10-00854
Index No. 09-36974

IN THE MATTER OF HUSSAYN MCCLAIN, PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND NEW YORK STATE EXECUTIVE BOARD 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 Orleans on February 2, 2010,

Now, upon reading and filing the affidavit of Hussayn McClain sworn to March 10, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed on the appeal herein 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

It is further ORDERED that the Clerk of the County of Orleans is hereby directed to provide appellant with copies of all papers and transcripts of stenographic, digitally recorded or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: Assignment of counsel is not available.

Entered: April 27, 2010

Patricia L. Morgan, Clerk