| IN THE MATTER OF BRIAN SNELL V SIBATU KHAHAIFA, SUPERINTENDENT, AND BRIAN FISHER, COMMISSIONER, NEW YORK STATE |
| Motion No: CA 10-00609 |
| Slip Opinion No: 2010 NY Slip Op 80015(U) |
| Decided on August 16, 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 10-00609
| IN THE MATTER OF BRIAN SNELL, PETITIONER-APPELLANT, V SIBATU
KHAHAIFA, SUPERINTENDENT, AND BRIAN FISHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having renewed the motion for permission to proceed as a poor person and assignment of counsel 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 18, 2010,
Now, upon reading and filing the affidavits of Brian Snell sworn to June 30, 2010 and July 19, 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 and assignment of counsel is granted, and Del Atwell, Esq., 39 5th Street, East Hampton, New York 11937 is hereby assigned as counsel to conduct the appeal and 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 Del Atwell, Esq., 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: August 16, 2010
Patricia L. Morgan, Clerk