PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01510
(Index No. 09-17437)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V FREDERICK PETERS, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 21, 2011,

Now, upon reading and filing the affidavit of Frederick Peters sworn to July 13, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted,

It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted, and Lawrence L. Kasperek, Esq., 16 W. Main Street, Suite 232, Rochester, New York 14614, is hereby assigned as counsel for the purpose of this appeals, and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Lawrence L. Kasperek, Esq. with a copy of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeals are based.

Entered: August 15, 2011

Patricia L. Morgan, Clerk