THE PEOPLE EX REL. CHARLES GIST V J. P. MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY
Motion No: KAH 08-02381
Slip Opinion No: 2008 NYSlipOp 93528(U)
Decided on December 5, 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.


December 5, 2008

KAH 08-02381
Inmate # 99-A-5717 BUTLER CORRECTIONAL FACILITY
Index No: 08-WRIT-4

THE PEOPLE OF THE STATE OF NEW YORK EX REL. CHARLES GIST, PETITIONER-APPELLANT,

V

J. P. MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY, 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, Wayne County, entered October 17, 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

JEFFREY WICKS, ESQ.

36 W MAIN ST STE 101

ROCHESTER NY 14614

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Wayne County is hereby directed to provide JEFFREY WICKS, 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 July 16, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: December 5, 2008

JoAnn M. Wahl, Clerk