| In the Matter of Gerald Mcclary v Lawrence Sears as Superintendent Ogdensburg Correctional Facility et Al |
| Motion No: 509624 |
| Slip Opinion No: 2010 NY Slip Op 74122(U) |
| Decided on June 9, 2010 |
| Appellate Division, Third 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. |
Decided and Entered: June 9,
2010
509624
In the Matter of GERALD MCCLARY, Appellant, v | DECISION AND ORDER |
Application for permission to proceed as a poor person and for assignment of counsel.
Upon
the papers filed in support of the application, and no papers having been filed in opposition thereto, it is
ORDERED, that the application
for permission to proceed as a poor person is granted, without costs, to the extent that the filing fee required by CPLR 8022 is waived and the
appeal may be perfected upon the original papers filed in the office of the county clerk, one signed original and six typewritten copies of the
appellant's brief. Application for assignment of counsel denied, without costs. Appellant's time to perfect appeal extended to August 8,
2010.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:
Michael J.
Novack
Clerk of the Court