| PEOPLE EX REL. RICHARD DEGROAT V CHARLES, KELLY, JR., SUPERINTENDENT OF MARCY CORRECTIONAL FACILITY |
| Motion No: KAH 13-00535 |
| Slip Opinion No: 2013 NY Slip Op 74550(U) |
| Decided on May 17, 2013 |
| 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 13-00535
DIN# 06-R-4779, PETITIONER,
Index No: CA2012-002545
| PEOPLE OF THE STATE OF NEW YORK EX REL. RICHARD
DEGROAT, V CHARLES, KELLY, JR., SUPERINTENDENT OF MARCY CORRECTIONAL FACILITY,
RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from the judgment (denominated order) of Supreme Court, Oneida County rendered January 17, 2013,
Now, upon reading and filing the affidavit of Richard DeGroat sworn to March 6, 2013, the notice of motion with proof of due service thereof, the statement of Richard DeGroat dated April 5, 2013 and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) 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 Oneida is hereby directed to provide Richard DeGroat 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 said briefs are to be filed and served on or before October 18, 2013, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: May 17, 2013
Frances E. Cafarell, Clerk