| IN THE MATTER OF MARCELINO LOPEZ V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 23-00950 |
| Slip Opinion No: 2023 NY Slip Op 69550(U) |
| Decided on June 26, 2023 |
| 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, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 23-00950
Index No: 22,208-22
| IN THE MATTER OF MARCELINO LOPEZ,
PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Wyoming County, entered May 4, 2023,
Now, upon reading and filing the papers with respect to the motion, 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
It is further ORDERED that the Wyoming County Clerk provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Wyoming in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: June 26, 2023
Ann Dillon Flynn
Clerk of the Court