IN THE MATTER OF ANTHONY COOPER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
Motion No: CA 13-00903
Slip Opinion No: 2013 NY Slip Op 82838(U)
Decided on August 8, 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.


August 8, 2013

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

DOCKET NO. CA 13-00903
(Index No. I-2012-3821)

IN THE MATTER OF ANTHONY COOPER, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND COMMUNITY SUPERVISION, ET AL.

RESPONDENTS-RESPONDENTS.


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 28, 2013,

Now, upon reading and filing the affidavit of Anthony Cooper sworn to July 16, 2013, the notice of motion with proof of service thereof, and the papers submitted therewith, and due deliberation having been had thereof,

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 Erie 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: August 8, 2013

Frances E. Cafarell, Clerk