| THE PEOPLE EX REL. CHARLES W. WAID V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY Index No: 40789 |
| Motion No: KAH 08-00868 |
| Slip Opinion No: 2008 NYSlipOp 74616(U) |
| Decided on May 13, 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. |
KAH 08-00868
Inmate # 04-B-3561 FIVE POINTS CORRECTIONAL FACILITY
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. CHARLES W. WAID,
PETITIONER-APPELLANT, V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. Index No:
40789 |
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 February 28, 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
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 December 3, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).
Entered: May 13, 2008
JoAnn M. Wahl, Clerk