THE PEOPLE V SHAWN APPLEBY, ALSO KNOWN AS JOEL APPLEBY Inmate # 01-B-0646 FISHKILL CORRECTIONAL FACILITY
Motion No: KA 08-02117
Slip Opinion No: 2008 NYSlipOp 90811(U)
Decided on November 12, 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.


November 12, 2008

KA 08-02117
Indictment No: 00-04-081

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SHAWN APPLEBY, ALSO KNOWN AS JOEL APPLEBY, DEFENDANT-APPELLANT. Inmate # 01-B-0646 FISHKILL CORRECTIONAL FACILITY


An application having been made for an order granting leave to prosecute an appeal from a resentence of the Ontario County Court, rendered August 19, 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) (1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

JOHN E. TYO, ESQ.

SIX EAST MAIN STREET

P.O. BOX 7

SHORTSVILLE NY 14548

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that said record and briefs are to be filed and served within 120 days of the filing of the transcripts with the Ontario County Clerk's Office; and

It is further ORDERED that the Clerk of Ontario County is hereby directed to provide JOHN E. TYO, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based.

Entered: November 12, 2008

JoAnn M. Wahl, Clerk