| THE PEOPLE EX REL. JAMES COSTANZO V JAMES MORRISEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY |
| Motion No: KAH 09-00858 |
| Slip Opinion No: 2009 NY Slip Op 73555(U) |
| Decided on May 12, 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 09-00858
Inmate # 06-B-1724 BUTLER CORRECTIONAL FACILITY
Index No: 08-WRIT-6
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES COSTANZO,
PETITIONER-APPELLANT, V JAMES MORRISEY, SUPERINTENDENT, 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 in the Wayne County Clerk's Office on March 5, 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
ROBERT A. DINIERI, ESQ.
47 GLASGOW ST
CLYDE NY 14433
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 ROBERT A. DINIERI, 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 January 5, 2010, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: May 12, 2009
Patricia L. Morgan, Clerk