IN THE MATTER OF PAUL TOPOLSKI V ONONDAGA COUNTY DISTRICT ATTORNEY, WILLIAM J. FITZPATRICK
Motion No: CA 11-01369
Slip Opinion No: 2011 NY Slip Op 84359(U)
Decided on September 15, 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.


September 15, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01369
(Index No. 2011-2691)

IN THE MATTER OF PAUL TOPOLSKI, PETITIONER-APPELLANT,

V

ONONDAGA COUNTY DISTRICT ATTORNEY, WILLIAM J. FITZPATRICK,

RESPONDENT-RESPONDENT.


Appellant having renewed the motion for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 16, 2011,

Now, upon reading and filing the affidavit of Paul Topolski sworn to August 15, 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 Onondaga is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.

Entered: September 15, 2011

Patricia L. Morgan, Clerk