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

DOCKET NO. CA 09-01725

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V MICHAEL BASS, RESPONDENT-APPELLANT. INDEX NO. 7303

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 6, 2009, and for assignment of counsel,

Now, upon reading and filing the affirmation of Michael C. Bass, sworn to August 11, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and Frank Housh, Esq., 343 Elmwood Avenue, P.O. Box 5204, Buffalo, New York 14213-5204 is hereby assigned as counsel to conduct the appeal and may prosecute the appeal upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Niagara County is directed to provide Frank Housh, 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 briefs are to be filed and served on or before May 12, 2009 or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: September 11, 2009

Patricia L. Morgan, Clerk