| THE PEOPLE EX REL. JUAN CANDELARIA V ROBERT KIRKPATRICK |
| Motion No: KAH 08-01459 |
| Slip Opinion No: 2008 NYSlipOp 85788(U) |
| Decided on September 24, 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 08-01459
Inmate # 89-T-5069 SING SING CORRECTIONAL FACILITY
Index No: 2008-2455
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. JUAN CANDELARIA,
PETITIONER-APPELLANT, V ROBERT KIRKPATRICK, 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 March 10, 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
JEREMY D. SCHWARTZ, ESQ.
484 DELAWARE AVE
BUFFALO NY 14202
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 JEREMY D. SCHWARTZ, 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 27, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: September 24, 2008
JoAnn M. Wahl, Clerk