IN THE MATTER OF ANTHONY D. AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 11-02300
Slip Opinion No: 2012 NY Slip Op 74069(U)
Decided on May 10, 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.


May 10, 2012

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

DOCKET NO. CA 11-02300

IN THE MATTER OF ANTHONY D. AMAKER, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, AND CAPTAIN M. KEARNEY, HEARING

OFFICER, WENDE CORRECTIONAL FACILITY,

RESPONDENTS-RESPONDENTS.


Appellant having moved to renew the motion for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 7, 2011,

Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to April 20, 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

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

Entered: May 10, 2012

Frances E. Cafarell, Clerk