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

KAH 11-02285
Index No: 2011-0276

THE PEOPLE OF THE STATE OF NEW YORK EX REL., JAMES ROBERT MOORE, PETITIONER, V NEW YORK STATE DIVISION OF PAROLE, RESPONDENT.

Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment (denominated decision and order) of Supreme Court, Cayuga County entered September 16, 2011,

Now, upon reading and filing the affidavit of James R. Moore sworn to November 1, 2011, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeal herein may be prosecuted upon the original papers and ten briefs, handwritten, typewritten or reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Cayuga is hereby directed to furnish James Moore, Inmate No. 63C0019, Cayuga Correctional Facility, P.O. Box 1186, Moravia, New York 13118, copies of all papers and transcripts of stenographic minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that appellant shall file such papers and transcripts in the Office of the Clerk of this Court at the time he files his briefs, together with proof of service of one copy of the brief on the Attorney General, and

It is further ORDERED that said briefs are to be filed and served on or before July 2, 2012, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: December 7, 2011

Patricia L. Morgan, Clerk