IN THE MATTER OF THOMAS HOYER V ANDREA EVANS, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE
Motion No: CA 13-00997
Slip Opinion No: 2013 NY Slip Op 81190(U)
Decided on July 31, 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.


July 31, 2013

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

DOCKET NO. CA 13-00997
(Index No. 2012-0953)

IN THE MATTER OF THOMAS HOYER,

PETITIONER-APPELLANT,

V

ANDREA EVANS, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE,

RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on February 4, 2013,

Now, upon reading and filing the affidavit of Thomas Hoyer sworn to July 10, 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 Cayuga is hereby directed to provide appellant with copies of all 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.

Memorandum: Assignment of counsel is not available.

Entered: July 31, 2013

Frances E. Cafarell, Clerk