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

DOCKET NO. CA 09-00375
INDEX NO. CA2008-000250

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V STANLEY L. CAMPANY, AN INMATE IN THE CUSTODY OF NEW YORK STATE DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Lewis on November 21, 2008, for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Stanley Campany, sworn to January 30, 2009, the affirmation of Robert P. McGraw, Esq., dated February 5, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person and seal the record be, and the same hereby is, granted and Shirley A. Gorman, Esq., 12 E. Bank Street, Albion, New York 14411, is hereby assigned as counsel to conduct the appeal and may prosecute the appeal upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529, and the motion is otherwise denied; and

It is further ORDERED that the Clerk of Lewis County is directed to provide Shirley A. Gorman, Esq., with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based.

Entered: March 9, 2009

JoAnn M. Wahl, Clerk