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

DOCKET NO. TP 16-00140

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, for assignment of counsel, and for permission to proceed on the record only 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 January 20, 2016,

Now, upon reading and filing the affidavits of Leroy Johnson sworn to March 8, 2016, 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 insofar as it seeks assignment of counsel is denied, and

It is further ORDERED that motion insofar as it seeks to proceed on the record only is denied, and petitioner shall file and serve a brief, in compliance with 22 NYCRR 1000.8 (b) (1), on or before May 4, 2016, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's briefs shall be filed and served on or before June 6, 2016, and the Clerk is directed to accept the briefs for filing.

Memorandum: Assignment of counsel is not available.

Entered: April 4, 2016

Frances E. Cafarell, Clerk