IN THE MATTER OF SARAH MURPHY-SEARS V SHERYL ZENZEN, SUPERINTENDENT, ALBION CORRECTIONAL FACILITY
Motion No: TP 17-00393
Slip Opinion No: 2017 NY Slip Op 71987(U)
Decided on April 24, 2017
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.


April 24, 2017

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

DOCKET NO. TP 17-00393

IN THE MATTER OF SARAH MURPHY-SEARS, PETITIONER,

V

SHERYL ZENZEN, SUPERINTENDENT, ALBION CORRECTIONAL

FACILITY, RESPONDENT.


Petitioner moved for permission to proceed as a poor person, assignment of counsel, and for other relief 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 Orleans on February 27, 2017,

Now, upon reading and filing the affidavit of Sarah Murphy-Sears received September 12, 2017, 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 the petitioner shall file and serve the petitioner's brief on or before, May 15, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that respondent's brief shall be filed and served on or before June 19, 2017, and the Clerk is directed to accept the brief for filing.

Memorandum: Assignment of counsel is not available.

Entered: April 24, 2017

Frances E. Cafarell, Clerk