Opinion
Motion No: CA 11-02004
10-31-2011
IN THE MATTER OF ELLIOTT JAMES, PETITIONER-APPELLANT, v. CATTARAUGUS COUNTY, RESPONDENT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on September 8, 2011,
Now, upon reading and filing the affidavit of Elliott James sworn to July 5, 2011, the notice of motion with proof of service thereof, and the affirmation of Thomas C. Brady, Esq., dated October 5, 2011, 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 the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Cattaraugus 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.
Patricia L. Morgan, Clerk