Opinion
DOCKET NO. TP 13-01152
09-18-2013
IN THE MATTER OF ALEXANDER BURGESS, PETITIONER, v. HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for permission to proceed as a poor person and assignment of counsel 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 Cayuga on June 25, 2013,
Now, upon reading and filing the affidavit of Alexander Burgess sworn to July 19, 2013, 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 dismissed without prejudice to a motion to vacate dismissal of the proceeding pursuant to this Court's rules (see 22 NYCRR 1000.13 [g]).
Frances E. Cafarell, Clerk