| IN THE MATTER OF BYRON K. RUSS, SR. V BRIAN FISCHER, COMMISSIONER OF CORRECTIONS AND HAROLD GRAHAM, SUPERINTENDENT OF |
| Motion No: CA 11-00260 |
| Slip Opinion No: 2011 NY Slip Op 75686(U) |
| Decided on June 9, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00260
| IN THE MATTER OF BYRON K. RUSS, SR., PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER OF CORRECTIONS AND HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY,
RESPONDENTS-RESPONDENTS. |
Appellant having renewed the motion to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on December 17, 2010,
Now, upon reading and filing the affidavit of Bryon K. Russ, Sr. sworn to April 28, 2011, and 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.
Entered: June 9, 2011
Patricia L. Morgan, Clerk