| IN THE MATTER OF MANUEL MARTINEZ V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 16-01217 |
| Slip Opinion No: 2016 NY Slip Op 82883(U) |
| Decided on August 18, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. TP 16-01217
(INDEX NO. 2016-0358.)
| IN THE MATTER OF MANUEL MARTINEZ, PETITIONER, V ANTHONY
ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person and for 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 Cayuga on July 7, 2016,
Now, upon reading and filing the affidavit of Manuel Martinez sworn to July 14, 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 to proceed as a poor person is dismissed a unnecessary, and the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: August 18, 2016
Frances E. Cafarell, Clerk