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

DOCKET NO. CA 15-00694

IN THE MATTER OF MICHEL TOLIVER, PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING COMMISSIONER, ANTHONY ANNUCCI, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, MICHAEL SHEAHAN, RESPONDENTS-RESPONDENTS. (Index No. 47555.)

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on December 9, 2013,

Now, upon reading and filing the affidavits of Michel Toliver sworn to July 21, 2015, September 8, 2015, and September 22, 2015, and 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 Seneca 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: October 14, 2015

Frances E. Cafarell, Clerk