In the Matter of Bernabe Encarnacion v Thomas Lavalley as Superintendent Clinton Correctional Facility et Al



In the Matter of Bernabe Encarnacion v Thomas Lavalley as Superintendent Clinton Correctional Facility et Al
Motion No: 511977
Slip Opinion No: 2011 NY Slip Op 70724(U)
Decided on April 19, 2011
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: April 19, 2011
511977


In the Matter of BERNABE ENCARNACION,
Appellant,

v
THOMAS LaVALLEY, as Superintendent Clinton Correctional Facility, et al., Respondents. (Index No. 17653)


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person.

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. Appellant's time to perfect appeal extended to June 20, 2011.
MERCURE, J.P., SPAIN, LAHTINEN, MALONE JR. and STEIN, JJ., concur.
ENTER:


Robert D. Mayberger
Clerk of the Court