| IN THE MATTER OF ROBERT CARDEW V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 13-00176 |
| Slip Opinion No: 2013 NY Slip Op 63920(U) |
| Decided on February 5, 2013 |
| 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 13-00176
(Index No. 2011-1173CV.)
| IN THE MATTER OF ROBERT CARDEW, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person 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 September 13, 2012,
Now, upon reading and filing the affidavit of Leah R. Nowotarski, Esq., sworn to January 18, 2013, the affidavit of Robert Cardew sworn to January 14, 2013, 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.
Entered: February 5, 2013
Frances E. Cafarell, Clerk