| PEOPLE EX REL. ROGER MILES V DONALD LIVINGSTON, SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, AND ROBERT J. |
| Motion No: KAH 07-02322 |
| Slip Opinion No: 2007 NYSlipOp 84621(U) |
| Decided on November 20, 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. |
KAH 07-02322
Inmate # 97-B-1513 ELMIRA CORRECTIONAL FACILITY
Index No: I-2006-3587
| PEOPLE OF THE STATE OF NEW YORK EX REL. ROGER MILES,
PETITIONER-APPELLANT, V DONALD LIVINGSTON, SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, AND ROBERT J. DENNISON,
CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS. |
An application having been made by appellant for an order granting leave to prosecute an appeal from a judgment of the Supreme Court, Erie County, entered in the Erie County Clerk's Office on August 27, 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
ALAN BIRNHOLZ, ESQ.
39 GATEHOUSE LANE
EAST AMHERST NY 14051
is hereby assigned as counsel to conduct the appeal; and
It is further ORDERED that the Clerk of Erie County is hereby directed to provide ALAN BIRNHOLZ, 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 24, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).
Entered: November 20, 2007
JoAnn M. Wahl, Clerk