| THE PEOPLE EX REL., ANDRIQUE BARON V THE PEOPLE DEPARTMENT OF CORRECTIONS, EKPE D. EKPE, SUPERINTENDENT WATERTOWN |
| Motion No: KAH 11-01817 |
| Slip Opinion No: 2011 NY Slip Op 83533(U) |
| Decided on September 8, 2011 |
| 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KAH 11-01817
Index No: 11-0742
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., ANDRIQUE BARON,
PETITIONER-APPELLANT, V THE PEOPLE OF THE STATE OF NEW YORK DEPARTMENT OF CORRECTIONS, EKPE D. EKPE, SUPERINTENDENT
WATERTOWN CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS. |
Petitioner having moved to amend the notice of appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on October 19, 2010, (KAH 11-01076) to reference an appeal from a judgment of said Court entered May 26, 2011, and for other relief,
Now, upon reading and filing the affidavit of Andrique Baron sworn to August 11, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that pursuant to CPLR 5520(a) the notice of appeal filed July 3, 2011, from the judgment entered May 26, 2011 is deemed timely, and
It is further ORDERED that Kathleen P. Reardon, Esq. is hereby assigned to represent petitioner on appeal, and the appeal may be perfected pursuant to 22 NYCRR 1000.3 (2), and
It is further ORDERED that the Clerk of the County of Jefferson is directed to provide Kathleen P. Reardon, Esq. with all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based.
Entered: September 8, 2011
Patricia L. Morgan, Clerk