KAH 08-00685
Inmate # 93-A-1783 ONEIDA CORRECTIONAL FACILITY
Index No: CA2004-749

THE PEOPLE OF THE STATE OF NEW YORK EX REL. WALTER J. ROACHE, PETITIONER-APPELLANT, V S. A. CONNELL, SUPERINTENDENT, ONEIDA 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, Oneida County, entered in the Oneida County Clerk's Office on December 11, 2007 with the Index No. CA2004-749, for a proceeding commenced under Index No. CA2007-1471, as a poor person, and for other relief,

It is hereby ORDERED that the notice of appeal filed January 23, 2007 under Index No. CA2007-1471 is deemed valid as to the order entered December 11, 2007 under Index No. CA2004-749; and

It is further ORDERED that the application of the appellant 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

DAVID M. GIGLIO, ESQ.

231 ELIZABETH STREET

UTICA, NEW YORK 13501

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Oneida County is hereby directed to provide DAVID M. GIGLIO, 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 October 23, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: May 15, 2008

JoAnn M. Wahl, Clerk