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

DOCKET NO. CA 09-00466
INDEX NO. CA2008-0000348

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V MICHAEL PIERCE, 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 January 14, 2009, for assignment of counsel, and for other relief,

Now, upon reading and filing the affidavit of Michael Pierce, sworn to February 26, 2009, the affirmation of Robert P. McGraw, Esq., dated March 2, 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 William G. Pixley, Esq., 79 Chapel Hill Drive, Rochester, New York 14617, 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 William G. Pixley, 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 30, 2009

JoAnn M. Wahl, Clerk