| THE PEOPLE EX REL. ALAN DALE, - V DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY, ET. AL., - . |
| Motion No: KAH 12-00747 |
| Slip Opinion No: 2012 NY Slip Op 74185(U) |
| Decided on May 22, 2012 |
| 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 12-00747
Indictment No: 2011-0658
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. ALAN DALE, PETITIONER-
APPELLANT, V DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY, ET. AL., RESPONDENT- RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from an order of the Supreme Court, Cayuga County entered November 2, 2011, and for other relief,
Now, upon reading and filing the affidavits of Alan Dale sworn to April 15, 2012 and April 13, 2012, 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 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 NYCRR 1000.3 (c)(1), and
It is further ORDERED that the Clerk of the County of Cayuga is hereby directed to provide Alan Dale, 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 perfect the appeal on or before November 13, 2012, and in the event of failure to so perfect, the appeal is dismissed without further order.
Entered: May 22, 2012
Frances E. Cafarell, Clerk