| In the Matter of Daniel Toal v Brian Fischer as Commissioner of Correctional Services |
| Motion No: 512379 |
| Slip Opinion No: 2011 NY Slip Op 78950(U) |
| Decided on July 14, 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: July 14, 2011
512379
In the Matter of DANIEL TOAL, Appellant, v | DECISION AND ORDER |
Application for permission to proceed as a poor person and for assignment of counsel.
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. Application for assignment of counsel denied, without costs. Appellant's time to perfect appeal extended to September 14,
2011.
MERCURE, J.P., ROSE, MALONE JR., STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of
the Court