In the Matter of Rodolfo Casiano Petitioner v Andrea W. Evans Chair of the New York State Board of Parole.



In the Matter of Rodolfo Casiano Petitioner v Andrea W. Evans Chair of the New York State Board of Parole.
Motion No: 515594
Slip Opinion No: 2013 NY Slip Op 64070(U)
Decided on February 1, 2013
Appellate Division, Third 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.



Decided and Entered: February 1, 2013
515594


In the Matter of RODOLFO CASIANO,
Petitioner,
v
ANDREA W. EVANS, Chair of the New York State Board of Parole,Respondent.


DECISION AND ORDER
ON MOTION


Motion for permission to proceed as a poor person and for assignment of counsel.

Motion for permission to appeal to this Court from order of Supreme Court dated September 13, 2012.

Upon the papers filed in support of the motions and the papers filed in response thereto, it is

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required by CPLR 8022 is waived, and it is further

ORDERED that the motion for assignment of counsel is denied, without costs, and it is further

ORDERED that the motion for permission to appeal is referred to Justice Egan, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
PETERS, P.J., ROSE, LAHTINEN, McCARTHY AND EGAN JR., JJ., concur

ENTER:
Robert D. Mayberger
Clerk of the Court