Appellate Division: Second Judicial Department

M41266

F/

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-05026 The People, etc., ex rel. Mark Marshall, appellant, v Anthony P. Amicucci, et al., respondents. (Index No. 14831/05)

DECISION & ORDER ON MOTION Motion to Appeal as a Poor Person and to Assign Counsel Habeas Corpus Proceeding

Motion by the appellant pro se for leave to prosecute appeal from an order of the Supreme Court, Westchester County, dated January 26, 2006, as a poor person, to dispense with printing, and for assignment of counsel.

Upon the papers filed in support of the motion and papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that pursuant to statute (see CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant's attorney and file the other with the Clerk of the trial court together with an affidavit of the fact and date of such delivery and filing; the appellant's counsel is directed to turn over said transcript to the respondent when counsel serves the appellant's brief upon respondent, and it is further,

ORDERED that pursuant to statute (Judiciary Law, §35), the following named attorney is assigned as counsel to prosecute the appeal:

Michael G. Paul, Esq.

120 North Main Street -Suite 203

New City, New York 10956

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that if a trial or hearing was held, the appellant's counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken; and it is further,

ORDERED that payment of the filing fee is waived.

ADAMS, J.P., RIVERA, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

88 A 8866

Downstate Corr. Fac.

122 Red Schoolhouse Road

P.O. Box 445

Fishkill, New York 12524