Opinion
Motion No: TP 11-01530
10-06-2011
IN THE MATTER OF RAMON ALVAREZ, PETITIONER, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for permission to proceed as a poor person, assignment of counsel, and other relief on this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 26, 2011,
Now, upon reading and filing the affidavit of Ramon Alvarez sworn to September 14, 2011, 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 assignment of counsel is denied, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person and other relief is dismissed as unnecessary.
Memorandum: Assignment of counsel is not available.
Patricia L. Morgan, Clerk