| People ex rel. Jarvis v Reilly |
| Motion No: 2007-01842 |
| Slip Opinion No: 2007 NYSlipOp 81007(U) |
| Decided on October 17, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M60976
E/sl
ROBERT W. SCHMIDT, J.P.
STEVEN W. FISHER
ROBERT A. LIFSON
EDWARD D. CARNI, JJ.
|
2007-01842 People ex rel. Ira Jarvis, appellant, v Edward Reilly, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal from an order of the Supreme Court, Nassau County, entered January 23, 2007, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and papers filed in relation 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:
Martin Goldberg, Esq.
P.O. Box 236
Franklin Square Station, New York 11010
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.
SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court