| IN THE MATTER OF JOVAN FLUDD V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, |
| Motion No: CA 11-01050 |
| Slip Opinion No: 2011 NY Slip Op 77164(U) |
| Decided on June 28, 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 11-01050
(Index No. I-2010-11947)
| IN THE MATTER OF JOVAN FLUDD, PETITIONER-APPELLANT, V ROBERT
A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS. |
Appellant having renewed the motion for permission to proceed as a poor person, for assignment of counsel, and for other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 20, 2011,
Now, upon reading and filing the affidavit of Jovan Fludd sworn to June 14, 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 Erie 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: June 28, 2011
Patricia L. Morgan, Clerk