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

DOCKET NO. CA 13-01397
(Index No. 2012-1258)

IN THE MATTER OF CHARLES WATSON, PETITIONER-APPELLANT, V JOSEPH BELLINIER, DEPUTY COMMISSIONER FOR CORRECTIONAL FACILITIES, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, F. RICH, DEPUTY SUPERINTENDENT, SECURITY, CAYUGA CORRECTIONAL FACILITY, C. KOENIGSMANN, CHIEF MEDICAL OFFICER, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND D. BOTSFORD, DIRECTOR, CLASSIFICATION AND MOVEMENT, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.

Appellant having moved for assignment of counsel and permission to proceed as a poor person 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 July 10, 2013, and for other relief,

Now, upon reading and filing the affidavit of Charles Watson sworn to August 8, 2013, 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: September 17, 2013

Frances E. Cafarell, Clerk