MATTER OF APPLICATION EMMETT LANIER V ANTHINY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS
Motion No: CA 23-00602
Slip Opinion No: 2023 NY Slip Op 70194(U)
Decided on July 10, 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.


July 10, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 23-00602
Index No: 22, 201-22

MATTER OF APPLICATION EMMETT LANIER,

PETITIONER-APPELLANT,

V

ANTHINY ANNUCCI, ACTING COMMISSIONER,

NEW YORK STATE DEPARTMENT OF CORRECTIONS

AND COMMINITY SUPERVISION, RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the County Court, Wyoming County, entered March 8, 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: July 10, 2023

Ann Dillon Flynn

Clerk of the Court