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

DOCKET NO. CA 11-02087
DOCKET NO. CA 11-02088

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V JAMES R. CARTER, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V JAMES R. CARTER, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved for permission to proceed as a poor person, assignment of counsel, and an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Livingston on March 30, 2011 (Appeal No. 1), and June 23, 2011 (Appeal No. 2),

Now, upon reading and filing the affirmation of Sheila E. Shea, Esq., dated October 7, 2011, and the affidavit of James R. Carter sworn to October 5, 2011, the notice of motion with proof of service thereof, and the affirmation of Marcea Clark Tetamore, Esq., dated October 13, 2011, 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 by is granted, and

It is further ORDERED that the motion insofar as its seeks assignment of counsel is granted to the extent that John E. Tyo, Esq., 6 East Main Street, P.O. Box 7, Shortsville, New York 14548-0007, is hereby assigned as counsel for the purposes of these appeals, and

It is further ORDERED that the Clerk of the County of Livingston is hereby directed to provide John E. Tyo, Esq. with copies 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, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is dismissed as premature.

Entered: November 2, 2011

Patricia L. Morgan, Clerk