| IN THE MATTER OF BURNELL A. MCLEOD V STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: TP 18-00186 |
| Slip Opinion No: 2018 NY Slip Op 65602(U) |
| Decided on February 28, 2018 |
| 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 18-00186
| IN THE MATTER OF BURNELL A. MCLEOD, PETITIONER, V STEWART
ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, 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 Erie on December 4, 2017,
Now, upon reading and filing the affidavit of Burnell A. McLeod sworn to January 21, 2018, 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 the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: February 28, 2018
Mark W. Bennett, Clerk