THE PEOPLE EX REL. WILLIAM MCCLENDON V SIBATU KHAHAIFA, ACTING SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY -.
Motion No: KAH 09-00919
Slip Opinion No: 2009 NY Slip Op 78048(U)
Decided on May 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.


May 29, 2009

KAH 09-00919
Inmate # 04B-0913 ORLEANS CORRECTIONAL FACILITY
Index No: 08-35696

THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLIAM MCCLENDON, PETITIONER-APPELLANT,

V

SIBATU KHAHAIFA, ACTING SUPERINTENDENT, ORLEANS

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, Orleans County, entered February 13, 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

JAMES S. HINMAN, ESQ.

16 E MAIN ST STE 260

ROCHESTER NY 14614

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Orleans County is hereby directed to provide JAMES S. HINMAN, 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 December 9, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: May 29, 2009

Patricia L. Morgan, Clerk