People v Russell Wagner



People v Russell Wagner
Motion No:
Slip Opinion No: 2009 NY Slip Op 81712(U)
Decided on August 24, 2009
Appellate Division, Third 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.




Decided and Entered:
August 24, 2009507543


THE PEOPLE OF THE STATE OF

NEW YORK,

Respondent,

v


RUSSELL WAGNER,

Appellant.


DECISION AND ORDER
ON MOTION


Motion for permission to proceed on appeal as a poor person pursuant to CPLR section 1101.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, and Catherine A. Barber, Esq., 200 Great Oaks Blvd., Suite 226, Albany, New York 12203, (518) 690-0096, is assigned to represent appellant upon this appeal which shall be perfected in accordance with Articles 55, 56 and 57 of the CPLR and section 800.4 (c) of the Rules of Practice (22 NYCRR 800.4 [c]), and it is further

ORDERED that pursuant to CPLR section 1102(b), the office of the Washington County Court Clerk shall furnish to appellant's counsel one copy of the transcripts of the stenographic minutes of all proceedings in the matter, and one copy of any other paper or document on file in that office which is material and relevant to the appeal, except those portions which appellant's counsel or the court which made the order being appealed determines are unnecessary for perfection of the appeal, and to forthwith forward the other copy of said transcripts to the Clerk of this Court.
CARDONA, P.J., MERCURE, PETERS, LAHTINEN and KANE, JJ., concur.

ENTER:



Michael J. Novack
Clerk of the Court