THE PEOPLE EX REL. MATTHEW JOHN SPILLMAN V MALCOLM R. CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY -.
Motion No: KAH 08-00682
Slip Opinion No: 2008 NYSlipOp 72142(U)
Decided on April 14, 2008
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.


April 14, 2008

KAH 08-00682
Inmate # 98-R-5201 LIVINGSTON CORRECTIONAL FACILITY
Index No: 1750-2007

THE PEOPLE OF THE STATE OF NEW YORK EX REL. MATTHEW JOHN SPILLMAN, PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL

FACILITY RESPONDENT-RESPONDENT.


An application having been made by appellant for an order granting leave to prosecute an appeal from an order of the Supreme Court, Livingston County, entered in the Livingston County Clerk's Office on February 26, 2008, 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

NORMAN P. EFFMAN, ESQ.

WYOMING CO-ATTICA LEGAL AID

6 COURT ST., RM. B-11

GENESEO NY 14454-1600

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Livingston County is hereby directed to provide NORMAN P. EFFMAN, 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 December 18, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: April 14, 2008

JoAnn M. Wahl, Clerk