| IN THE MATTER OF JAMES SMITH V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: TP 12-01701 |
| Slip Opinion No: 2012 NY Slip Op 91025(U) |
| Decided on November 16, 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. TP 12-01701
| IN THE MATTER OF JAMES SMITH, PETITIONER, V HAROLD
D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person and assignment of counsel on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on September 11, 2012,
Now, upon reading and filing the affidavits of James Smith sworn to September 28, 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 dismissed as unnecessary, and the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: November 16, 2012
Frances E. Cafarell, Clerk