Opinion
Motion No: CA 12-01324
09-17-2012
IN THE MATTER OF KENNETH L. GASTON, PETITIONER-APPELLANT, v. JOHN P. LEMPKE, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to renew the motion for permission to proceed as a poor person and 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 Erie on June 6, 2012,
Now, upon reading and filing the affidavit of Kenneth L. Gaston sworn to August 15, 2012, 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 the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based.
Memorandum: Assignment of counsel is not available.
Frances E. Cafarell, Clerk