THE PEOPLE EX REL. SALEH ABDULLA Inmate # 108793 ERIE COUNTY HOLDING CENTER V DONALD J. LIVINGSTON, SUPERINTENDENT
Motion No: KAH 08-01576
Slip Opinion No: 2008 NYSlipOp 85690(U)
Decided on August 20, 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.


August 20, 2008

KAH 08-01576
Index No: I-2008-4464

THE PEOPLE OF THE STATE OF NEW YORK EX REL. SALEH ABDULLA, PETITIONER-APPELLANT,

Inmate # 108793 ERIE COUNTY HOLDING CENTER

V

DONALD J. LIVINGSTON, SUPERINTENDENT, ERIE COUNTY HOLDING CENTER, RESPONDENT-RESPONDENT.


An application having been made by appellant for an order granting leave to prosecute an appeal from a judgment of the Supreme Court, Erie County, entered in the Erie County Clerk's Office on January 16, 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

ALAN BIRNHOLZ, ESQ.

39 GATEHOUSE LANE

EAST AMHERST NY 14051

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Erie County is hereby directed to provide ALAN BIRNHOLZ, 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 April 10, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: August 20, 2008

JoAnn M. Wahl, Clerk