| THE PEOPLE V HOWARD M. KYLE, JR. |
| Motion No: KA 08-01272 |
| Slip Opinion No: 2008 NYSlipOp 80023(U) |
| Decided on June 27, 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. |
KA 08-01272
Inmate # 05-B-1251 MOHAWK CORRECTIONAL FACILITY
SCI No: 2005-068
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V HOWARD M.
KYLE, JR., DEFENDANT-APPELLANT. |
An application having been made by appellant for an order granting leave to prosecute an appeal from an order of the Niagara County Court entered in the Niagara County Clerk's Office on May 13, 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
DAVID J. FARRUGIA, ESQ.
NIAGARA COUNTY PUBLIC DEFENDER
175 HAWLEY ST
LOCKPORT NY 14094
is hereby assigned as counsel to conduct the appeal; and
It is further ORDERED that the Clerk of Niagara County is hereby directed to provide DAVID J. FARRUGIA, 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 February 20, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).
Entered: June 27, 2008
JoAnn M. Wahl, Clerk