PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.

KA 07-00520
Inmate # 06-B-3522 GROVELAND CORRECTIONAL FACILITY
Indictment No: 06-13

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V JOSEPH R. MCAVOY, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken from a judgment of the Orleans County Court entered in the Office of the Clerk of the County of Orleans on December 18, 2006, but having failed to perfect said appeal on or before October 23, 2007 in accordance with an order of this Court entered August 28, 2007,

Now, upon the Court's own motion,

It is hereby ORDERED that the dismissal of the appeal herein be vacated, on condition that the appeal be perfected on or before November 20, 2008, and in the event of failure to so perfect the appeal is dismissed without further order; and

It is further ORDERED that the motion 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) (1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f); and

TIMOTHY P. MURPHY, ESQ.

5528 MAIN STREET

WILLIAMSVILLE NY 14221

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of the County of Orleans is hereby directed to provide Timothy P. Murphy, Esq. with copies of all papers and stenographic transcripts of the proceedings upon which the appeal is based.

Entered: July 23, 2008

JoAnn M. Wahl, Clerk