IN THE MATTER OF JOVAN FLUDD V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND BRIAN FISCHER
Motion No: CA 12-01667
Slip Opinion No: 2012 NY Slip Op 85457(U)
Decided on September 25, 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.


September 25, 2012

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

DOCKET NO. CA 12-01667

IN THE MATTER OF JOVAN FLUDD, PETITIONER-APPELLANT,

V

DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,

AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS-RESPONDENTS.


Appellant having moved 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 August 16, 2012,

Now, upon reading and filing the affidavit of Jovan Fludd sworn to September 2, 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: September 25, 2012

Frances E. Cafarell, Clerk