IN THE MATTER OF ANTHONY AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
Motion No: CA 12-01758
Slip Opinion No: 2013 NY Slip Op 66527(U)
Decided on March 1, 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.


March 1, 2013

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, 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 July 5, 2012,

Now, upon reading and filing the affidavit of Adam W. Koch, Esq., sworn to January 24, 2013, the affidavit of Anthony D. Amaker 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 dismissed as unnecessary because permission to proceed as a poor person was already granted by order of this Court entered November 23, 2012.

Entered: March 1, 2013

Frances E. Cafarell, Clerk