IN THE MATTER OF THE APPLICATION OF JOHN COLVIN, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, -; FOR AN ORDER
Motion No: CA 18-00257
Slip Opinion No: 2018 NY Slip Op 69485(U)
Decided on April 9, 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.


April 9, 2018

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

DOCKET NO. CA 18-00257

IN THE MATTER OF THE APPLICATION OF JOHN COLVIN,

SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY,

PETITIONER-RESPONDENT;

FOR AN ORDER AUTHORIZING THE FEEDING, HYDRATION AND

TREATMENT OF LEWIS F., RESPONDENT-APPELLANT.

(INDEX NO. 51714.)


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 Seneca on December 19, 2017,

Now, upon reading and filing the affidavit of Joseph J. Sapio, Esq., sworn to February 7, 2018, the affidavit of Lewis F., sworn to January 24, 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 granted, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted to the extent that Marcea Clark Tetamore, Esq., P.O. Box 411, Geneseo, New York 14454, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Seneca is hereby directed to provide Marcea Clark Tetamore, Esq., with copies of all papers and 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.

Entered: April 9, 2018

Mark W. Bennett, Clerk