| PEOPLE EX REL. ERVIN MITCHELL V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 07-02238 |
| Slip Opinion No: 2007 NYSlipOp 84622(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 07-02238
Inmate # 05-B-0499 ORLEANS CORRECTIONAL FACILITY
Index No: 07-33390
| PEOPLE OF THE STATE OF NEW YORK EX REL. ERVIN MITCHELL,
PETITIONER-APPELLANT, V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL
FACILITY, RESPONDENT-RESPONDENT. |
An application having been made by appellant for an order granting leave to prosecute an appeal from a judgment of the Supreme Court, Orleans County, entered in the Orleans County Clerk's Office on September 28, 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
TRACY DAM CHIECO, ESQ.
3 WEMBLEY COURT
ALBANY NY 12205
is hereby assigned as counsel to conduct the appeal; and
It is further ORDERED that the Clerk of Orleans County is hereby directed to provide TRACY DAM CHIECO, 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 July 17, 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