IN THE MATTER OF MANUEL MOSLEY V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER
Motion No: CA 13-00007
Slip Opinion No: 2013 NY Slip Op 67381(U)
Decided on March 12, 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 12, 2013

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

DOCKET NO. CA 13-00007
(Index No. I-2012-1715.)

IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment (denominated order) of the Erie County Supreme Court dated November 7, 2012,

Now, upon reading and filing the affidavit of Manuel Mosley sworn to February 6, 2013, the statement of Manuel Mosley received March 6, 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

It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's office upon which the appeal is based.

Entered: March 12, 2013

Frances E. Cafarell, Clerk