| IN THE MATTER OF KENNETH L. GASTON V JOHN P. LEMPKE, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, ANDREA W. EVANS |
| Motion No: CA 12-01324 |
| Slip Opinion No: 2012 NY Slip Op 84886(U) |
| Decided on September 17, 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 12-01324
| IN THE MATTER OF KENNETH L. GASTON,
PETITIONER-APPELLANT, V JOHN P. LEMPKE, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, ANDREA W. EVANS,
CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS. |
Appellant having moved to renew 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 Erie on June 6, 2012,
Now, upon reading and filing the affidavit of Kenneth L. Gaston sworn to August 15, 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: September 17, 2012
Frances E. Cafarell, Clerk