| PEOPLE EX REL. RAYMOND BURSE V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 09-00517 |
| Slip Opinion No: 2009 NY Slip Op 78058(U) |
| Decided on June 2, 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 09-00517
Inmate # 76-B-1177, MOHAWK CORRECTIONAL FACILITY
Index No: 20,676-08
| PEOPLE OF THE STATE OF NEW YORK EX REL. RAYMOND BURSE,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
An order having been entered on April 29, 2009, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Norman P. Effman, Esq. as counsel to perfect the appeal,
Now, upon reading and filing the statement of Neal J. Mahoney, Esq., dated May 12, 2009,
It is hereby ORDERED that E. Robert Fussell, 46 Wolcott Street, Suite 1, LeRoy, New York 14482, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Wyoming County, entered September 17, 2008, in place of Norman P. Effman, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and
It is further ORDERED that the Clerk of Wyoming County is directed to provide E. Robert Fussell, 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,+ and
It is further ORDERED that said record and briefs are to be filed and served on or before July 2, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: June 2, 2009
PATRICIA L. MORGAN, Deputy Clerk