THE PEOPLE EX REL. BILLY WITHERSPOON V JAMES MORRISSEY, SUPERINTENDENT OF BUTLER CORRECTIONAL FACILITY
Motion No: KAH 08-02538
Slip Opinion No: 2009 NYSlipOp 65412(U)
Decided on January 16, 2009
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.


January 16, 2009

KAH 08-02538
Inmate # 06-R-4006 CAYUGA CORRECTIONAL FACILITY
Index No: 07-WRIT-11

THE PEOPLE OF THE STATE OF NEW YORK EX REL. BILLY WITHERSPOON, PETITIONER-APPELLANT,

V

JAMES MORRISSEY, SUPERINTENDENT OF 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 March 25, 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

BRIAN SHIFFRIN, ESQ.

16 W. MAIN ST, STE 243

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 BRIAN SHIFFRIN, 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 September 3, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: January 16, 2009

JoAnn M. Wahl, Clerk