| IN THE MATTER OF JAMES M. WEST, ALSO KNOWN AS WESS V MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY |
| Motion No: 590-13 |
| Slip Opinion No: 2013 NY Slip Op 87843(U) |
| Decided on September 27, 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: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.
MOTION NO. 590-13
DOCKET NO. TP 12-02305
| IN THE MATTER OF JAMES M. WEST, ALSO KNOWN AS WESS,
PETITIONER, V MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY,
RESPONDENT. |
Petitioner having moved for permission to appeal the order of this Court entered June 7, 2013, and for permission to proceed as a poor person, and for other relief,
Now, upon reading and filing the affidavit of James M. West sworn to July 2, 2013, the statements of James M. West received July 8, 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 insofar as it seeks permission to proceed as a poor person is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise denied.
Entered: September 27, 2013
Frances E. Cafarell, Clerk