| IN THE MATTER OF MARTIN WHITMORE V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 11-01108 |
| Slip Opinion No: 2011 NY Slip Op 75688(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 11-01108
(INDEX NO. 20,986-10)
| IN THE MATTER OF MARTIN WHITMORE, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and other relief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on November 4, 2010,
Now, upon reading and filing the affidavit of Martin Whitmore sworn to April 13, 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 for permission to proceed as a poor person is granted, and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Wyoming 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