IN THE MATTER OF PAUL KAIRIS V BRIAN FISCHER, COMMISSIONER OF DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 11-02553
Slip Opinion No: 2012 NY Slip Op 65743(U)
Decided on February 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.


February 27, 2012

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

DOCKET NO. CA 11-02553
(Index No. 2011-0015)

IN THE MATTER OF PAUL KAIRIS, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER OF DEPARTMENT OF CORRECTIONAL

SERVICES, RESPONDENT-RESPONDENT.


Appellant having renewed the motion for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on September 27, 2011,

Now, upon reading and filing the affidavits of Paul Kairis, sworn to January 11, 2012, and January 12, 2012, 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 the motion is otherwise denied, and

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

Memorandum: Assignment of counsel is not available.

Entered: February 27, 2012

Frances E. Cafarell, Clerk