PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-01487
Inmate # 08-B-1907 RIVERVIEW CORRECTIONAL FACILITY
Indictment No: 2007-0743-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V NIGEL D. LEWIS, DEFENDANT-APPELLANT.

Appellant having moved for reconsideration of the order of this Court entered August 21, 2008,

Now, upon reading and filing the affidavit of Nigel Lewis, sworn to October 28, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion 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

GERALD T. BARTH, ESQ

HISCOCK LEGAL AID SOCIETY

351 S WARREN ST

SYRACUSE, NY 13202-2057

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 Onondaga County Clerk's Office; and

It is further ORDERED that the Clerk of Onondaga County is hereby directed to provide GERALD T. BARTH, 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: December 5, 2008

JoAnn M. Wahl, Clerk