| IN THE MATTER OF BRIAN CONGELOSI V ANDREA EVANS, CHAIRPERSON, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION'S |
| Motion No: CA 12-01661 |
| Slip Opinion No: 2012 NY Slip Op 86220(U) |
| Decided on October 3, 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 12-01661
| IN THE MATTER OF BRIAN CONGELOSI,
PETITIONER-APPELLANT, V ANDREA EVANS, CHAIRPERSON, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION'S
DIVISION OF PAROLE, RESPONDENT-RESPONDENT. |
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 Cayuga on June 26, 2012,
Now, upon reading and filing the affidavit of Brian Congelosi sworn to August 13, 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 it is 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 Clerk of the County of Cayuga 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: October 3, 2012
Frances E. Cafarell, Clerk