| IN THE MATTER OF ROBERT I. REED V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 13-02030 |
| Slip Opinion No: 2013 NY Slip Op 94680(U) |
| Decided on December 13, 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. CA 13-02030
| IN THE MATTER OF ROBERT I. REED, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-RESPONDENT. |
Appellant having moved for 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 Niagara on October 2, 2012,
Now, upon reading and filing the affidavit of Robert I. Reed sworn to October 18, 2013, the statements of Robert I. Reed received November 4, 2013, and November 20, 2013, the notices of motion with proof of service thereof, and the statement of Brian D. Seaman, Esq., dated November 13, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal was dismissed pursuant to this Court's rules (see 22 NYCRR 1000.12 [b]).
Entered: December 13, 2013
Frances E. Cafarell, Clerk