IN THE MATTER OF DEAN FAIELLO V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND
Motion No: CA 11-02248
Slip Opinion No: 2012 NY Slip Op 62953(U)
Decided on January 27, 2012
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.


January 27, 2012

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

DOCKET NO. CA 11-02248

IN THE MATTER OF DEAN FAIELLO, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER,

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,

AND DORA B. SCHRIRO, COMMISSIONER,

NEW YORK CITY DEPARTMENT OF CORRECTIONS,

RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on May 9, 2011,

Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to December 30, 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

It is further ORDERED that the Clerk of the County of Wyoming is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.

Entered: January 27, 2012

Frances E. Cafarell, Clerk