| IN THE MATTER OF MARTIN T. WALL V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ANDREA W. EVANS |
| Motion No: CA 12-00914 |
| Slip Opinion No: 2012 NY Slip Op 75501(U) |
| Decided on June 6, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00914
| IN THE MATTER OF MARTIN T. WALL, PETITIONER-APPELLANT, V
MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ANDREA W. EVANS, CHAIRPERSON, NEW YORK STATE DIVISION OF PAROLE
AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having moved 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 Erie on April 23, 2012,
Now, upon reading and filing the affidavit of Martin T. Wall sworn to May 14, 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 insofar as it seeks 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 Erie 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: June 6, 2012
Frances E. Cafarell, Clerk