| MATTER OF JAMES ROBERT MOORE V NEW YORK STATE BOARD OF APPEALS |
| Motion No: CA 10-01070 |
| Slip Opinion No: 2010 NY Slip Op 78884(U) |
| Decided on July 28, 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 10-01070
| MATTER OF JAMES ROBERT MOORE, PETITIONER-APPELLANT, V NEW
YORK STATE BOARD OF APPEALS, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person, for assignment of counsel, and to vacate dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on July 17, 2009,
Now, upon reading and filing the affidavits of James R. Moore sworn to June 23, 2010, May 11, 2010, and August 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 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 Cayuga 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 insofar as it seeks to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before September 27, 2010, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: July 28, 2010
Patricia L. Morgan, Clerk