| THE PEOPLE EX REL. DAVID DONATO V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: KAH 09-00756 |
| Slip Opinion No: 2009 NY Slip Op 73478(U) |
| Decided on April 29, 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. |
KAH 09-00756
Inmate # 93-B-0337 WENDE CORRECTIONAL FACILITY
Index No: I-2008-13171
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. DAVID DONATO,
PETITIONER-APPELLANT, V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE 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, Erie County, entered January 12, 2009, 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
ALAN BIRNHOLZ, ESQ.
39 GATEHOUSE LANE
EAST AMHERST NY 14051
is hereby assigned as counsel to conduct the appeal; and
It is further ORDERED that the Clerk of Erie County is hereby directed to provide ALAN BIRNHOLZ, 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 November 18, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: April 29, 2009
Patricia L. Morgan, Clerk