| IN THE MATTER OF ERIC TOLLIVER V WILLIAM J. FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY |
| Motion No: CA 17-01801 |
| Slip Opinion No: 2017 NY Slip Op 96283(U) |
| Decided on December 19, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01801
| IN THE MATTER OF ERIC TOLLIVER, PETITIONER-APPELLANT, V WILLIAM
J. FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 9, 2017,
Now, upon reading and filing the affidavit of Eric Tolliver sworn to November 30, 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 for permission to proceed as a poor person is granted, and the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Onondaga 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.
Memorandum: Assignment of counsel is not available.
Entered: December 19, 2017
Mark W. Bennett, Clerk