THE PEOPLE EX REL. FRANK GRAHAM V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONS, AND MALCOLM CULLY
Motion No: KAH 08-01977
Slip Opinion No: 2008 NYSlipOp 90794(U)
Decided on October 30, 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.


October 30, 2008

KAH 08-01977
Inmate # 79-A-2961 LIVINGSTON CORRECTIONAL FACILITY
Index No: 762-2008

THE PEOPLE OF THE STATE OF NEW YORK EX REL. FRANK GRAHAM, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONS, AND

MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL

FACILITY, RESPONDENTS-RESPONDENTS.


An application having been made by appellant for an order granting leave to prosecute an appeal from a judgment of the Supreme Court, Livingston County, entered July 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

NORMAN P. EFFMAN, ESQ.

WYOMING CO - ATTICA LEGAL AID

6 COURT STREET, ROOM B-11

GENESEO, NEW YORK 14454-1600

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Livingston County is hereby directed to provide NORMAN P. EFFMAN, 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 May 24, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: October 30, 2008

JoAnn M. Wahl, Clerk