IN THE MATTER OF ANTHONY AMAKER V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Motion No: CA 12-01758
Slip Opinion No: 2012 NY Slip Op 91890(U)
Decided on November 23, 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.


November 23, 2012

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

DOCKET NO. CA 12-01758
(Index No. 21,164-11)

IN THE MATTER OF ANTHONY AMAKER, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONS AND

COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on July 5, 2012,

Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to September 8, 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 the motion is otherwise denied, and

It is further ORDERED that the Clerk of the County of Wyoming 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: November 23, 2012

Frances E. Cafarell, Clerk