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

KA 09-02637
Indictment No: 2009-033

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DANNY HURST, DEFENDANT-APPELLANT.

Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment of the Livingston County Court, rendered December 1, 2009, and for other relief,

Now, upon reading and filing the affidavit of Matthew F. Schwartz, Esq. sworn to December 31, 2012, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as seeks poor person relief is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

It is further ORDERED that the Clerk of the County of Livingston is hereby directed to provide Matthew F. Schwartz, Esq. 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 motion insofar as it seeks an extension of time to perfect the appeal is granted on the condition that appellant perfect the appeal on or before

April 15, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is otherwise dismissed as unnecessary.

Entered: January 14, 2013

Frances E. Cafarell, Clerk