IN THE MATTER OF VICTOR MEDINA V WILLIAM F. HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL FACILITY
Motion No: TP 11-01700
Slip Opinion No: 2011 NY Slip Op 88624(U)
Decided on October 31, 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 31, 2011

PRESENT: SCUDDER, P. J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ.

DOCKET NO. TP 11-01700

IN THE MATTER OF VICTOR MEDINA, PETITIONER,

V

WILLIAM F. HULIHAN, SUPERINTENDENT, MID-STATE CORRECTIONAL

FACILITY, RESPONDENT.


Petitioner having moved for permission to proceed as a poor person and assignment of counsel 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 Oneida on July 11, 2011,

Now, upon reading and filing the affidavit of Victor Medina sworn to October 3, 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 permission to proceed as a poor person is dismissed as unnecessary, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.

Memorandum: Assignment of counsel is not available.

Entered: October 31, 2011

Patricia L. Morgan, Clerk