John Hemphill v State of New York

Motion No: 510139

Slip Opinion No: 2010 NY Slip Op 81430(U)

Decided on September 2, 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: September 2, 2010

Case # 510139

JOHN HEMPHILL, Appellant, v STATE OF NEW YORK, Respondent. (Claim No. 117787.)

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person and for assignment of counsel.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the appeal may be perfected upon one copy of a record on appeal and one signed original and six typewritten copies of a brief and appendix or seven copies of a record on appeal and one signed original and six typewritten copies of a brief, and the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motion for assignment of counsel is denied, without costs.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court