DANIEL FOOTE V ANDREA W. EVANS, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE
Motion No: CA 10-00943
Slip Opinion No: 2010 NY Slip Op 71990(U)
Decided on May 11, 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.


May 11, 2010

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

DOCKET NO. CA 10-00943

DANIEL FOOTE, PETITIONER-APPELLANT,

V

ANDREA W. EVANS, CHAIRMAN, NEW YORK STATE DIVISION OF

PAROLE, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person and assignment of counsel 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 January 28, 2010,

Now, upon reading and filing the affidavit of Daniel Foote sworn to April 21, 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 as a poor person is granted, and

It is further ORDERED that the Clerk of the County of Wyoming is hereby directed to provide appellant with copies of all papers and transcripts of stenographic, digitally recorded or audio taped 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 the motion insofar as it seeks assignment of counsel is denied.

Memorandum: Assignment of counsel is not available.

Entered: May 11, 2010

Patricia L. Morgan, Clerk