| People ex rel. Jackson v Commissioner of New York State De |
| Motion No: 2013-03727 |
| Slip Opinion No: 2013 NY Slip Op 73801(U) |
| Decided on May 15, 2013 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M156349
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2013-03727 The People, etc., ex rel., Erwin Jackson, appellant, v Commissioner of New York State Department of Corrections and Community Supervision, respondent. (Index No. 2826/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to extend the time to file a notice of appeal from an order of the Supreme Court, Nassau County, dated January 11, 2013, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to extend the time to file a notice of appeal is denied as unnecessary as the notice of appeal was timely filed; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.
SKELOS, J.P., ANGIOLILLO, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court