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

DOCKET NO. CA 12-00538

IN THE MATTER OF JOHN COLVIN, ACTING SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, PETITIONER-RESPONDENT, V RONNIE COVINGTON, RESPONDENT-APPELLANT. (Index No. 45926)

Appellant having moved to renew the motion seeking permission to proceed as a poor person, assignment of counsel, and other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on February 6, 2012,

Now, upon reading and filing the affidavit of Ronnie Covington sworn to June 10, 2012, and the notice of motion with proof of service thereof, 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 is granted, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted to the extent that J. Scott Porter, Esq., P.O. Box 365, 78 Cayuga Street, Seneca Falls, New York 13148, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Seneca is hereby directed to provide J. Scott Porter, 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 appeal is based.

Entered: July 13, 2012

Frances E. Cafarell, Clerk