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

KAH 11-01017
Index No: 2011-0990

THE PEOPLE OF THE STATE OF NEW YORK EX REL., HENRY T. SCOTT, PETITIONER-APPELLANT, V HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Appellant having moved to proceed pro se on the appeal taken from an order of the Supreme Court, Onondaga County dated February 14, 2011,

Now, upon reading and filing the affidavit of Henry Scott, sworn to December 6, 2011, the notices 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 the order of this Court entered May 26, 2011 is vacated, and appellant may prosecute his appeal as a poor person pro se, and

It is further ORDERED 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 Onondaga is hereby directed to provide Henry T. Scott, with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based and,

It is further ORDERED that the appellant shall perfect the appeal in accordance with 22 NYCRR 1000.3 (c) (2), and

It is further ORDERED that appellant perfect the appeal on or before April 23, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 24, 2012

Frances E. Cafarell, Clerk