| IN THE MATTER OF EMMANUEL PATTERSON V MALCOLM CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, |
| Motion No: CA 12-00920 |
| Slip Opinion No: 2012 NY Slip Op 76648(U) |
| Decided on June 15, 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 12-00920
| IN THE MATTER OF EMMANUEL PATTERSON, PETITIONER-RESPONDENT,
V MALCOLM CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ET AL.,
RESPONDENTS-APPELLANTS. |
Petitioner having moved for permission to proceed as a poor person, for assignment of counsel, and to expedite 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 5, 2012,
Now, upon reading and filing the affidavits of Emmanuel Patterson sworn to May 19, 2012, and May 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 insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied, and
It is further ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10 [d]).
Memorandum: Assignment of counsel is not available.
Entered: June 15, 2012
Frances E. Cafarell, Clerk