IN THE MATTER OF ALAN W. DALE V JOHN M. YORK, SHERIFF
Motion No: CA 10-01545
Slip Opinion No: 2010 NY Slip Op 80621(U)
Decided on August 19, 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.


August 19, 2010

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

DOCKET NO. CA 10-01545
(Index No. 156-2009)

IN THE MATTER OF ALAN W. DALE, PETITIONER-APPELLANT,

V

JOHN M. YORK, SHERIFF, 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 (denominated order) of the Supreme Court entered in the Office of the Clerk of the County of Livingston on April 8, 2010,

Now, upon reading and filing the affidavit of Alan W. Dale sworn to July 12, 2010, the statement of Alan W. Dale received July 20, 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 by is granted, and the motion is otherwise denied, and

It is further ORDERED that the Clerk of the County of Livingston is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.

Memorandum: Assignment of counsel is not available.

Entered: August 19, 2010

Patricia L. Morgan, Clerk