Opinion
Motion No: 522866
06-09-2016
In the Matter of ERIC CHERRY, Petitioner, v. DANIEL F. MARTUSCELLO, as Superintendent of Coxsackie Correctional Facility, Respondent.
DECISION AND ORDER ON MOTION
Application for permission to proceed as a poor person, to proceed on the original record, for assignment of counsel and for further relief.
Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is
ORDERED that the application for permission to proceed as a poor person and to proceed on the original record is granted, without costs, to the extent that the filing fees required by CPLR 8022 are waived and the proceeding may be perfected on the original papers filed in the office of the County Clerk, and it is further
ORDERED that the application for assignment of counsel and for further relief is denied, without costs. Petitioner's time to perfect the proceeding is extended to August 8, 2016.
Lahtinen, J.P., Lynch, Clark and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court