| IN THE MATTER OF FRANK RUSSELL V BRIAN FISCHER, COMMISSIONER OF DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 12-01642 |
| Slip Opinion No: 2012 NY Slip Op 89676(U) |
| Decided on November 2, 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 12-01642
| IN THE MATTER OF FRANK RUSSELL,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER OF DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission 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 Cayuga on June 20, 2012,
Now, upon reading and filing the statement of Frank Russell received October 5, 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 Cayuga is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.
Entered: November 2, 2012
Frances E. Cafarell, Clerk