| In the Matter of Joseph Gallagher Petitioner v Nys Department of Correctional Services |
| Motion No: 512806 |
| Slip Opinion No: 2011 NY Slip Op 84628(U) |
| Decided on September 20, 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: September 20, 2011
512806
In the Matter of JOSEPH GALLAGHER, Petitioner, 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
proceeding may be perfected upon the original papers filed in the office of the county clerk and one signed original handwritten brief with proof
of service of one copy upon respondent. Application for assignment of counsel denied, without costs. Petitioner's time to perfect proceeding
extended to November 21, 2011.
MERCURE, J.P., PETERS, ROSE, STEIN and GARRY, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court