PEOPLE V RUDY E. ERB
Motion No: KA 07-02140
Slip Opinion No: 2007 NYSlipOp 84600(U)
Decided on November 19, 2007
Appellate Division, Fourth 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.


November 19, 2007

KA 07-02140
Indictment No: 2004-447, Index No. CR 04-687

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RUDY E. ERB, DEFENDANT-APPELLANT.


An application having been made by appellant for an order granting leave to prosecute an appeal from an order of the Oneida County Court entered in the Oneida County Clerk's Office on August 8, 2007, as a poor person, and for other relief,

It is hereby ORDERED that said application be, and the same hereby is, granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(2) and ten copies of appellant's brief, reproduced pursuant to CPLR 5529, and

FRANK J. NEBUSH, JR., ESQ.

PUBLIC DEFENDER'S OFFICE

321 MAIN ST STE 250

UTICA NY 13501

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Oneida County is hereby directed to provide FRANK J. NEBUSH, JR., ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based; and

It is further ORDERED that said briefs are to be filed and served on or before June 5, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: November 19, 2007

JoAnn M. Wahl, Clerk