| IN THE MATTER OF DARRYL PHELPS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 13-00222 |
| Slip Opinion No: 2013 NY Slip Op 76622(U) |
| Decided on June 7, 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 13-00222
(Index No. 21,261-12)
| IN THE MATTER OF DARRYL PHELPS, 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 December 3, 2012, and for other relief,
Now, upon reading and filing the statements of Darryl Phelps dated April 22, 2013, and affidavit sworn to April 22, 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 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, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal.
Entered: June 7, 2013
Frances E. Cafarell, Clerk