| IN THE MATTER OF CHARLIE MIXON V GREGORY G. WICKETT, CHIEF OF POLICE, DEPARTMENT OF POLICE, TOWN OF HAMBURG |
| Motion No: CA 18-02033 |
| Slip Opinion No: 2018 NY Slip Op 89735(U) |
| Decided on November 27, 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. CA 18-02033
| IN THE MATTER OF CHARLIE MIXON, PETITIONER-APPELLANT, V
GREGORY G. WICKETT, CHIEF OF POLICE, DEPARTMENT OF POLICE, TOWN OF HAMBURG, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person, for permission to prosecute the appeal on the original record, for assignment of counsel, for an order directing respondent to stipulate to the record, and for other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2018,
Now, upon reading and filing the affidavit of Charlie Mixon sworn to October 29, 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 is granted insofar as it seeks permission to proceed as a poor person and to perfect the appeal on the original record, and
It is further ORDERED that the motion insofar as it seeks an order directing respondent to stipulate to the record is denied, without prejudice to appellant making a motion to settle the record in Supreme Court, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: November 27, 2018
Mark W. Bennett, Clerk