KAH 07-01250
Inmate # 02-B-0778 FIVE POINTS CORRECTIONAL FACILITY

PEOPLE OF THE STATE OF NEW YORK EX REL. RICHARD F. MILLS, PETITIONER-APPELLANT, V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. Index No: 39407

An order having been entered on July 24, 2007, granting appellant's motion to perfect an appeal taken herein from a judgment of the Supreme Court, Seneca County entered in the Seneca County Clerk's office on May 15, 2007, as a poor person,

Now, upon reading and filing the application of Richard F. Mills for assignment of counsel, received November 21, 2007,

It is hereby ORDERED that the order of this Court entered July 24, 2007, is hereby amended to assign Charles J. Greenberg, Esq., P.O. Box 102, Buffalo, New York 14207-0102, as counsel to conduct the above-entitled appeal, which may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Seneca County is directed to provide Charles J. Greenberg, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, 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 February 1, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: November 28, 2007

JoAnn M. Wahl, Clerk