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

DOCKET NO. CA 16-00722

IN THE MATTER OF MATTHEW M. COBADO, PETITIONER-APPELLANT, V JOHN R. SEARLES, CATTARAUGUS COUNTY ADMINISTRATOR RECORD APPEALS OFFICER, RESPONDENT-RESPONDENT. (INDEX NO. 84235.)

Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on February 25, 2016,

Now, upon reading and filing the statement of Matthew M. Cobado dated April 24, 2016, the notice of motion with proof of service thereof, and the affidavit of M. Mark Howden, Esq., sworn to May 3, 2016, 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 granted, and

It is further ORDERED that the Clerk of the County of Cattaraugus 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, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.

Memorandum: Assignment of counsel is not available.

Entered: May 19, 2016

Frances E. Cafarell, Clerk