In the Matter of Elijah Bell Petitioner v Superintendent Walsh et

Motion No: #512303

Slip Opinion No: 2011 NY Slip Op 78398(U)

Decided on July 14, 2011

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: July 14, 2011

Case #512303

In the Matter of ELIJAH BELL, Petitioner, v SUPERINTENDENT WALSH et al., Respondents.

DECISION AND ORDER ON MOTION

Motion for extension of time to take appeals and for assignment of counsel.

Motion for permission to proceed as a poor person, for assignment of counsel, permission to prosecute on the original record, extension of time to perfect appeal, to subpoena and to compel discovery.

Motion to proceed as a poor person, assignment of counsel, permission to proceed on the original record, extension of time to perfect appeals, to subpoena and to compel discovery.

Upon the papers filed in support of the motions and the papers filed in response and in opposition thereto, it is

ORDERED that the motion for extension of time to take appeals is denied, without costs, as unnecessary, and it is further

ORDERED that the motions for permission to proceed as a poor person in case Nos. 512303 and 512305 are granted, without costs, only to the extent that the appeals may be perfected upon one copy of a record on appeal and one signed original and six typewritten copies of a brief and appendix or seven copies of a record on appeal and one signed original and six typewritten copies of a brief, and the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motions for permission to prosecute on the original record in case Nos. 512303 and 512305 are denied, without costs, and it is further

ORDERED that the motion for permission to proceed as a poor person and to prosecute on the original record in case No. 512304 is granted, without costs, and the appeal may be perfected upon the original record and one signed original and six typewritten copies of a brief and appendix, and the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motions for assignment of counsel and to subpoena and compel discovery are denied, without costs, and it is further

ORDERED that the motions for an extension of time to perfect the appeals are granted, without costs, and the time to perfect the appeals is extended to September 12, 2011.
MERCURE, J.P., ROSE, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court