PEOPLE EX REL. MARVIN FORSYTHE V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY Index No: 39970
Motion No: KAH 07-02381
Slip Opinion No: 2007 NYSlipOp 86900(U)
Decided on December 5, 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.


December 5, 2007

KAH 07-02381
Inmate # 05-B-3696 FIVE POINTS CORRECTIONAL FACILITY

PEOPLE OF THE STATE OF NEW YORK EX REL. MARVIN FORSYTHE, PETITIONER-APPELLANT,

V

THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.

Index No: 39970


An application having been made by appellant for an order granting leave to prosecute an appeal from a judgment of the Supreme Court, Seneca County, entered in the Seneca County Clerk's Office on August 14, 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

CHARLES J. GREENBERG, ESQ.

PO BOX 102

BUFFALO NY 14207-0102

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Seneca County is hereby directed to provide CHARLES J. GREENBERG, 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 May 23, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: December 5, 2007

JoAnn M. Wahl, Clerk