| IN THE MATTER OF LEROY JOHNSON V JOHN B. LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 15-01983 |
| Slip Opinion No: 2015 NY Slip Op 95380(U) |
| Decided on December 31, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 15-01983
(INDEX NO. I-2015-0080.)
| IN THE MATTER OF LEROY JOHNSON, PETITIONER, V JOHN B. LEMPKE,
SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT. |
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 an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 27, 2015,
Now, upon reading and filing the affidavits of Leroy Johnson sworn to November 24, 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.
Memorandum: Assignment of counsel is not available.
Entered: December 31, 2015
Frances E. Cafarell, Clerk