| IN THE MATTER OF ALEXANDER BURGESS V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, AND NEW YORK STATE |
| Motion No: TP 13-01152 |
| Slip Opinion No: 2013 NY Slip Op 85758(U) |
| Decided on September 18, 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. TP 13-01152
| IN THE MATTER OF ALEXANDER BURGESS, PETITIONER, V
HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, RESPONDENTS. |
Petitioner having moved for permission to proceed as a poor person and assignment of counsel on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 25, 2013,
Now, upon reading and filing the affidavit of Alexander Burgess sworn to July 19, 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 is dismissed without prejudice to a motion to vacate dismissal of the proceeding pursuant to this Court's rules (see 22 NYCRR 1000.13 [g]).
Entered: September 18, 2013
Frances E. Cafarell, Clerk