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 88094(U)
Decided on October 26, 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.


October 26, 2011

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 an order directing the Superintendent of Upstate Correctional Facility, the "Law Library Administrator," and the "Supervisor or Counsel's Office" to "approve

an encumbrance for copies of the petitioner's brief . . . in lieu of petitioner's insufficient funds . . ."

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 21,

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 is denied.

Entered: October 26, 2011

Patricia L. Morgan, Clerk