| IN THE MATTER OF RAMON ALVAREZ V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: TP 11-01530 |
| Slip Opinion No: 2011 NY Slip Op 86399(U) |
| Decided on October 6, 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. TP 11-01530
| IN THE MATTER OF RAMON ALVAREZ, PETITIONER, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person, assignment of counsel, and other relief on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 26, 2011,
Now, upon reading and filing the affidavit of Ramon Alvarez sworn to September 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 insofar as it seeks assignment of counsel is denied, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and other relief is dismissed as unnecessary.
Memorandum: Assignment of counsel is not available.
Entered: October 6, 2011
Patricia L. Morgan, Clerk