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

KA 09-01006
Inmate # 07-B-0391, ALBION CORRECTIONAL FACILITY
SCI NO. 07-051

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JANUARY M. DELANEY, DEFENDANT-APPELLANT.

A motion having been made for an order granting leave to prosecute an appeal from a judgment of the Chautauqua County Court rendered in the Chautauqua County Clerk's Office on April 9, 2007, as a poor person, and for other relief,

Now, upon reading and filing the affidavit of January M. Delaney, sworn to April 24, 2009, the affirmation of Timothy Patrick Murphy, Esq., dated May 8, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal timely filed in the Chautauqua County Clerk's Office on May 6, 2008 shall be treated as valid as to the judgment rendered under SCI No. 07-051, pursuant to CPL 460.10 (6), and

It is further ORDERED that the motion for permission to proceed as a poor person on the appeal from the judgment rendered under SCI No. 07-051 is granted and Timothy P. Murphy, Esq. is hereby assigned as counsel to conduct the appeal, nunc pro tunc, effective July 10, 2008, and

It is further ORDERED that the appeals taken herein under Indictment No. 06-476 (Appellate Division Docket No. KA 08-00539) and under SCI No. 07-051 (Appellate Division Docket No. KA 09-01006) be and the same hereby are consolidated.

Entered: May 15, 2009

Patricia L. Morgan, Clerk