Opinion
Motion No: 513112 Index No. 2011-627
10-13-2011
THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN HEMPHILL, Appellant, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent.
DECISION AND ORDER ON MOTION
Application for permission to proceed as a poor person and for assignment of counsel.
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 is granted, without costs, to the extent that the filing fee required by CPLR 8022 is waived and the appeal may be perfected upon the original papers filed in the office of the county clerk, one signed original and six typewritten copies of the appellant's brief. Application for assignment of counsel denied, without costs. Appellant's time to perfect appeal extended to December 13, 2011.
MERCURE, J.P., PETERS, MALONE JR., STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court